Can I Sell My Parent’s House with Power of Attorney While They’re in a Nursing Home? Guidance from a Santa Clara Elder Lawyer

Making financial decisions when a parent requires long-term care in a nursing home must always be done carefully. If selling their house becomes a consideration, the potential involvement of a nursing home or government agency like Medicaid adds layers of complexity. The following are some general guidelines to be aware of when selling property under Power of Attorney (POA). For personalized guidance, consulting with a qualified Santa Clara elder lawyer is vital.

Understanding Power of Attorney

A POA is a legal document where your parent (the principal) designates you (the agent) to handle their affairs. Its power depends on two main types:

• General POA: Grants broad decision-making abilities, as opposed to a Limited POA, which is only for specific matters.
• Durable POA: Remains in effect even if the principal becomes incapacitated. Selling real estate typically requires this type.

Even with a durable POA, your authority to sell property rests on it being expressly stated within the document’s language. However, if your parent can no longer handle their affairs, selling a home likely falls under your fiduciary duty to act in their best interests.

Fulfilling Your Fiduciary Duty

When acting as an agent under POA, you’re legally bound to uphold your parent’s best interests, financially and emotionally. This means getting a fair market appraisal of the home, managing the sale responsibly, and transparently documenting all aspects of the process.

The Essential Role of an Santa Clara Elder Lawyer

Every family’s situation is unique. A knowledgeable Santa Clara elder lawyer ensures you thoroughly understand the specific powers granted by the POA. An attorney provides crucial guidance about:

• Navigating the sale within your authority and responsibility as an agent.
• Exploring alternatives and understanding relevant tax considerations.
• Addressing complex Medicaid qualification rules, if applicable.

Answers and Support Throughout the Process

Schedule a consultation with our firm. Our experienced Santa Clara elder lawyers understand the legal and emotional nuances you’re facing. We provide clarity, compassionate counsel, and the resources to ensure the best possible outcome for your loved one. To schedule an appointment at our law firm, simply call 408-889-1290 and ask to schedule a meeting with the mention of this blog post.