My parents and I are on deed and brother wants to obtain the power of attorney to add himself. Can he? -

My parents and I are on deed and brother wants to obtain the power of attorney to add himself. Can he?


Brother wants the power of attorney to remove my parents and add himself to the deed with me. Can he do it without my concent? I live in FL.



No. Being POA doesn't allow him to change who's on the deed. Also, he just can't get POA. Your parents would have to give it to him.

This first and foremost starts and ends with your parents. He has no power that they don't give to him.
Helpful Answer (1)
Reply to needtowashhair

Bringing up Medicaid, has your name been on the deed for long? Why does bro want to make this move now? No he could not without consent of all appearing on the deed.
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Reply to gladimhere

NO. This strongly hints at elder abuse on the part of your brother.

So many questions arise - why does he want to remove your parents? Why does he feel it's appropriate to add himself? Is he supporting your parents? Paying all the household costs and property taxes?

Your consent wouldn't allow him to do what he wants.

If your parents and you are named on the deed, any transfer of ownership has to be agreed to by each of you, although there might be a possibility that you could convey a portion of your one-third interest, if that's what you hold. This is an issue for a real estate attorney though.
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Reply to GardenArtist

Bad idea to do anything with real estate if there is a possibility of Medicaid in the future for your parents. Power of Attorney does not necessarily give your brother ability to add himself to a deed or remove you from a deed. It does get treated as a gift under Medicaid rules if your parents need Medicaid within 5 years and it's not done properly. If he's determined, tell him to consult a lawyer about the right way to do it if at all.
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Reply to Guestshopadmin

I think you will need to provide more information. I also think based on the little information provided you would be best served by consulting with an attorney and talking to your parents.
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Reply to Isthisrealyreal