What are our rights over my grandma’s property now that she is in a nursing home?

UPDATED: Oct 1, 2022

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What are our rights over my grandma’s property now that she is in a nursing home?

My grandma has 2 pieces of land that she has put mine and my mom’s names on to receive when she dies. My mom has guardianship of my grandma and the state has power of attorney over her finances since she is in a nursing home. Can we rent out one piece of the land or even sell it now even while she is alive?

Asked on October 19, 2018 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your mother has legal guardianship over your grandmother, you can sell or rent the property, but the proceeds MUST be applied for your grandmother's benefit (e.g. used to pay for her care, or for goods or services for her). A guardianship lets you act *for* another--not profit at their expense. It does not matter if you are to receive the property when she passes--she has not passed yet, so it is still hers. If you want to get the property when she passes, don't sell it now, since the money will go to her; rent it, use the funds to keep up the property and pay expenses on it (it is legal to use the proceeds to maintain, etc. the property, since that is preserving your grandmother's asset[s]), with any surplus being put aside for or used for your grandmother.

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.

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