How do I go about getting POA when my grandmother is unable to speak or write?

CRStewart, who is your grandmother's financial Power of Attorney? Usually if there is a "medical" POA, here is also a "financial" POA out there somewhere. Did an Attorney draw up the Power of Attorney for Grandmother, and did that happen years long ago?

I recommend that you visit with an Elder Law Attorney to see how to figure this out. You may have to obtain Guardianship of your Grandmother to sell her half of the house.

All this is so complicated, makes you wonder how elders can sort through this when the time comes and they don't have the usual legal documents to help make life logistically easier for the family.

Is the property currently listed for sale (MLS or FSBO) or is it actually under contract (horrors!)??
If so, you REALLY need to know ASAP what the status is on there being a valid DPOA held by another family member in existence to be used to make the sale happen for your mom's share of ownership. I'd suggest you try to find out this week. If there isn't a financial DPOA for mom, you need to let Realtor know ASAP or if your doing this FSBO you need to let any prospective buyers who have seen the house know there are ownership issues.

And you really should not accept any earnest $ (from it going under contract). If you already took earnest $, please post a follow up as I have a suggestion as to how to handle this.

Is your grandmother able to understand and communicate at all? If she is mentally competent and able to even nod or blink her eyes in response to questions, I think an attorney could possibly prepare a POA. I know someone who was paralyzed but was still able to indicate what he wanted, and he had a will prepared and witnesses signed it, so I think a POA could maybe be done if she is mentally competent.

Um, you also need to make sure that the house is not under some kind of lien if Medicaid is already in the picture since you state that she is in a nursing home.

Good catch, Guestshopadmin. Medicaid would complicate the sale and need to be paid off in order for the house sale to go to closing. It is routine for a Settlement Attorney to order a title search for any property/house that is under contract. Let's hope it is a clean title.

I have noticed here on the forum that many grandparents or parents will place a grown child on the Deed, thus thinking it will be an easy transfer once the parent has passes. This can create a tax issue for the grown child as when the house is sold, the bases used to calculate capital gains taxes goes all the way back to when the parent or grandparent had bought the house. If values have gone up big time in the past decades, there could be a hefty capital gains tax. It is much better to receive said house in a Will, then the bases used for capital gains taxes upon selling is the date the grown children had inherited the house.

Getting older can become sooo complicated.

Go to the bottom of this page (in the blue) and you'll find the helpful link "Elder Law Attorneys." Click on it.

Yes, good catch, guestshopadmin.