My mom recently passed away in April and my dad is in a memory care facility and I have power of attorney and wanting to sell their house sence no one lives their, Can I do that?

My mom recently passed away in April and my dad is in a memory care facility and I have power of attorney and wanting to sell their house sence no one lives their, Can I do that?

Asked on August 16, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, IF doing so is in your father's interests, and you use the proceeds of the sale for his benefit and/or in accordance with his expressed wishes. A POA gives you the legal power to act for your father, but the law imposes a duty, called a "fiduciary duty," on you to be loyal to your father, to act for his benefit, and to not benefit yourself at his expense. Violation of his duty can lead to liability, even criminal liability (e.g. charges, such as for theft) against you.
(To be more technically accurate: a POA can give you the power to sell the house, but not all POAs do--some are written to be more limited in terms of the power or authority they convey. Check this specific POA to see what power you are given.)


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