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My MIL has refused to let us sell her car ever since she stopped driving three years ago. We recently put her in assisted living, it was not a good process, she's very unhappy. No way will she agree to sell this car. It's been a lot of hassle and expense keeping up oil changes, trying to keep it driven enough to keep the battery working (and failing that a couple of times and having to replace it), taking it in for several recalls it had, and paying insurance. It needs to go.



My husband is listed on the title as co-owner (we actually paid most of the purchase price). He has has POA over tangible assets (we left off the real assets as that looked like something involving real estate, of which she had none). From what I could tell on a search, it looks like poa allowing sell of tangible assets will allow him to sign for her as poa? But I'm not sure, don't want to do anything that will get rejected when they buyer tries to title it.



Also, for the purposes of Medicaid lookback, which we expect to be needed in less than 5 years - since my husband is a co-owner and helped pay for the car (we actually wrote the check for the entire purchase price from our bank a decade ago), is he entitled to keep half the selling price? We don't want it for ourselves, but it would mean we could save our portion back for when she's on Medicaid and have that money for her needs.

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Yes, we sold my mother's car, no issues and your husband is the co-owner so he has every right to sell it.

I would do as you outlined and not worry about it.
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I would run these legal questions past an attorney practicing in your area. Too risky to be wrong. I know you are aware that a POA cannot enrich him/herself. However, the POA is co-owner and I cannot see why he or she cannot keep his portion of the funds. Being on title is going to ease title transfer here as it is usually an either/or ownership.

You might try DMV but I think they will suggest this go by an attorney. The POA allows the principle's funds to pay for expert advice when required.
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Your husband needs to read his PoA documents to see if his authority is active. If so, then he can sell the car on her behalf. If not, then I'm not sure how to procede.

FYI I don't think the county/state/buyer cares who paid what towards a vehicle, only whose name is on the title.
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My experience with the DMV in several states is that they could care less. I have sold my husbands, fathers , mothers , & cousins cars, no issues, all in different states.

My mother and cousin were still alive, in fact my mother still is.

I did not seek attorney guidance, for me it would have been a waste of money.
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Most, if not all people who are placed in residential care are initially “very unhappy” but ultimately adjust. Some need longer periods of time than others.

If you wish to get rid of the car, sell it and put the full payment into your MIL’s bank account.

Very unwise to segment off any money that might be considered belonging to her. Medicaid assessments are very detailed and it’s not worth the risk.

You do not need to have an account “for her needs”. If/when she goes on Medicaid, she will receive a (small) monthly stipend for personal expenses.
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I sold my dad’s car, fully prepared for a hassle with DMV over not being on the title. The fact was, no one cared. I told them he had passed away without a will (not true, but for our situation it would get the car sold much faster and lawyer advised me to do this) and they gave me an affidavit to sign and give to buyer. It was far less trouble than I was anticipating. I know your situation is a bit different but I’d still sell the car. And when Medicaid is looming, put all the money in mom’s account and document everything
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So he is on the title? And the POA is in effect because Mom has been declared incompetent if a Springing POA? If so I see no problem in DH signing as her representative. If the POA is immediate than no formal diagnosis is needed. And if the POA says he can sell.

If Mom can't understand that its costing to keep up a 10yr old car she has not driven in 3 yrs, there is cognitive decline. Sell it but it must be at Market value. I think you deserve ur money back if you can prove you paid for the car. But Medicaid may not agree since Mom is on the title. I would say ur entitled to half and the other half goes to Moms acct for her care. This really is a question for a Medicaid caseworker.
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If you have the title to the car, you can sell it with or without a POA document.
So here's what you do. If you have the proof that you paid for the whole car then how can it be proved to Medicaid how much your MIL paid back to you?
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