As the Power of Attorney for management of property and personal affairs for my mother, can I sell her house and put the funds in her Trust?
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As the Power of Attorney for management of property and personal affairs for my mother, can I sell her house and put the funds in her Trust?
She still has a mortgage and it would save her money that could go for her care if needed. She in a group home and suffers from dementia.
Asked on September 25, 2013 under Estate Planning, Arizona
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
Whether you can sell your mother's house depends on the scope of your Power of Attorney. If you had a broad Power of Attorney over all financial matters, then yes, you could sell the house. However, you state that your Power of Attorney is for "management of property and personal affairs." If so, you may not be able to sell her real property, only "manage" it. You need to have an actual attorney review your power of attorney document to determine whether you have the power to sell the house. Also, you should have an attorney look at her trust documents. You may not want to put funds from the sale of the home in the trust if it would limit her ability to spend the money.
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