As POA, can I take my parent's name off of the deed that both of our names are on? - AgingCare.com

As POA, can I take my parent's name off of the deed that both of our names are on?

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I have power of attorney and guardianship over parent.

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Rainmom already covered the answer well.

As to the POA, it depends on the powers granted in the POA - are real estate transactions covered, and have you recorded the POA with your county recorder in the county where the property is located, or plan to do so when you record the deed. This is required in almost every state. (I work in legal, and I don't have my "cheatsheets" here at home as to what states do and do not require recording of the POA.)

As to the guardianship (assuming you have guardianship/conservatorship over the estate, in addition to the person), normally a deed change would require court approval prior to transfer or removal. Unless, of course, that power was granted to you upon the letters of appointment, Also, guardianship orders generally state if the POA is still in effect, and if there are any limitations on the POA, so you may not necessarily be able to rely on the POA alone.

I completely agree with the previous answer to consult with an attorney before taking action.
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As POA and guardian, I believe that yes, you could. POA documents can be restricted in certain areas and grant powers in others - all depends on what was addressed when it was drawn up. Guardianship, on the other hand, can grant broader authority.

However, in both positions the person is legally bound to act in the best interest of the principal. Should someone question why this move was made - you'd better have a good answer that reflects best interest. As your name is the other listed owner on the deed, you are in serious danger of being accused of conflict of interest, which could result in being legally removed from both positions of authority. In addition - guardians are legally responsible to submit a yearly report to the court that appointed them listing all decisions that were made on behalf of the principal. If a reviewing judge questions this or any other actions - again, there better be a valid reason that shows it was in best interest.

It would be wise to consult with an attorney prior to making this move. 
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