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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption