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Can my POA have power to take my property?

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mylemondrop, the Power of Attorney cannot take over your house. If you are able to keep living at home, and the equity from the house isn't needed for your care, then the house goes to whomever you have noted in your Will.

Otherwise, if you develop a very serious illness and you need skilled nursing care, and cannot afford such care at home and there isn't enough liquid funds.... then to pay for your continuous care facility the Power of Attorney may need to sell the house.
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The POA only has authority to act in your best interest. Taking any assets for his or her personal profit is against the law. It is considered theft.
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If this is a fear have it put in the POA that the house cannot be sold unless you are put in an AL or NH permanently.
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Dear mylemondrop,

If you have any doubts at all, I would consider talking to elder law attorney. Make sure your POA is clear about what you want and there are enough checks and balances. I am horrified at how much financial abuse there is sometimes. It's good to question things if there is any doubt.
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