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Yes, the property can be sold. That is one of the reasons people grant a PoA for such jobs.

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10y ago

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What are the consequences of selling your mothers house which is becoming a financial burden as deeded owners with a life estate in place while she is still living but in a nursing home and you are th?

Do you have Power of Attorney for her? If not, consult a real estate attorney. Something can be worked out.


Can our son sign closing real estate agreement using an Enduring Power of Attorney?

Yes as long as both owners executed the Enduring Power of Attorney.


Can a Power of Attornery change the beneficiary of his father's life insurance if both he and his wife are in a nursing home?

Generally an attorney-in-fact under a Power of Attorney cannot make changes in beneficiaries. However, you should review the original Power of Attorney document.


Is it a crime for a Power of Attorney to request a refund from a nursing home and cash the check after death?

Power of Attorney EXPIRES when the person who gave power to another is deceased. Unless the person that had the power is also the executor of the estate, then it could be fraud.


How can you get previous completed 1040 IRS forms for your Nursing home father?

Have a signed power of attorney and contact the IRS.


Is it voluntary to go to a nursing home?

In some cases it is voluntary and in other cases it is not. Seniors who give Power of Attorney for medical decisions, usually to their children, may have no choice in the decision to go to a nursing home.


Can A Power of Attorney make a loan from a nursing home patient bank account?

No. That would constitute a classic conflict of interest and self dealing.


Can a power of attorney delegate their authority to another power of attorney?

No, a power of attorney cannot delegate their authority to another power of attorney.


Durable power of attorney for father being sued by nursing home. Refused payment due to negligent care of father. Nursing home is suing me for unpaid bill for my father. Is this legal?

There is nothing illegal about bringing a law suit. You have a counter suit in the form of negligence and breach of contract. Consult an attorney as soon as you can.


Can an attorney-in-fact under a Power of Attorney spend your money if you are in a nursing home?

It depends on the type of POA you gave them (in the UK there is a special type called an enduring power of attorney) and in this case the money can only be spent for your benefit (i.e. paying your nursing home bills etc). If you are worried talk to a solicitor/attorney.Another PerspectiveThe principal's money should always only be spent for the benefit of the principal. A power of attorney grants sweeping powers over all the assets of the principal and many principals have been taken advantage of by their agents. If you suspect that you or someone you know who is in a nursing home is being taken advantage of by their attorney-in-fact, you should speak to the authorities immediately.You should speak with the social worker at the nursing home or the patient's attorney. An attorney-in-fact is a fiduciary and as such is governed by the laws that control the conduct of fiduciaries. They cannot convert any funds belonging to the principal to their own use. A dishonest attorney-in-fact can wipe out savings quickly. The POA should be revoked immediately and a copy of the revocation should be delivered to any facility or entity that has accepted the POA in the past.


Can life insurance beneficiaries be changed when someone has alzheimer's?

If a life insurance beneficiary has alyztimers and is in a nursing home, can the power of attorney or nearest living relative receive it?


How do you transfer car title when one owner is in a nursing home?

If the owner in the home is still mentally capable, they can sign a deed. If they are not mentally capable then you must obtain a power of attorney (from a court) to deal with their affairs and the person with power of attorney can sign the deed (providing a copy of the power of attorney in support). If they are in a home and mentally capable and do not want to sign the deed then you can not transfer the car title.