Wrong wrong wrong. For god sakes if the attorney says put her in guardianship all the money will go to pay attorney fees and not to your mothers care. Stay out of probate court! I had a POA...was told to get guardianship and it cost 200 thousand dollars and took 5 years because my sister objected. Yes you can sell the house and car and put the money in an account that is used only for her care.
Yes i agree an elder law attorney would be a good idea. You would need to see if the POA gives you broad powers or limited powers. The POA should state that you are able to transact real estate transactions on her behalf. Some POAs give only limited power such as check writing, bill payment, but not more complex dealings. Check your POA to see exactly how it was structured. Consulting an attorney will help you plan for the long haul and not just short term. Others are correct, the money from home will go quickly if mom needs nursing home or round the clock care. Also remember if Medicaid is in her future no gifting of money is allowed 5 yrs prior to applying. Just some things to keep in mind.
Yes, if the language provides that you can do so. Read the POA document carefully to see what authority you have and the basis for activation of POA authority.
A POA can only carry out the wishes of the grantor. This is where it can get sticky when the grantor is confused, so get an attorney to guide you through the sale of the property. If Medicaid is in the picture, this can be a complex issue that prevents closing the sale.
Definitely see an elder lawyer. You may be able to save the house and the car and get medicaid to pay for her care. You would be surprised how quickly the proceeds will disappear, and then what?
Read your POA. Mine gives me the right to sell and buy. The realtor has a copy. My SIL started her Dad on Medicaid. Once the house sold, Medicaid stopped and she had to spend down the proceeds of the house then pickup Medicaid. That wasin PA. My POA is in NJ.
I just want to note, as above, although you may be able to sell, be careful. Once the owner of the property dies the vultures come out for their share $ This is why our attorney, and my mothers trust, stated 3 appraisals to make sure no one was cutting a deal to anyone . Just fyi.
"Good thing I understand all our laws very well. The better you understand the laws, the easier it is to break the corrupt ones and never get caught"
"All the laws" - including every single state and federal statute? This is a clue to me that you don't know what you're talking about.
And knowing how to break laws and never get caught?
Pam called you out on another post; I agree. I've worked as a paralegal and known many who were qualified, some who were just average. Not one of them would brag as you did in another post and here about knowing how to "break the laws."
Your attitude is disgusting. If I knew who your employer is or was (if you really are employed and I'm not convinced of that), I'd notify that that you're posting online about knowing how to break the laws.
And though I doubt you work in the legal field, if you did, you're a discredit to the profession. And a LIABILITY to any employer.
This is why our attorney, and my mothers trust, stated 3 appraisals to make sure no one was cutting a deal to anyone . Just fyi.
"All the laws" - including every single state and federal statute? This is a clue to me that you don't know what you're talking about.
And knowing how to break laws and never get caught?
Pam called you out on another post; I agree. I've worked as a paralegal and known many who were qualified, some who were just average. Not one of them would brag as you did in another post and here about knowing how to "break the laws."
Your attitude is disgusting. If I knew who your employer is or was (if you really are employed and I'm not convinced of that), I'd notify that that you're posting online about knowing how to break the laws.
And though I doubt you work in the legal field, if you did, you're a discredit to the profession. And a LIABILITY to any employer.
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