If I havea POAon my father who has dementia, would I legally be able to execute an TOD deed for his house to avoid probate?

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If I havea POAon my father who has dementia, would I legally be able to execute an TOD deed for his house to avoid probate?

I have lived in IN with and taken care of my father for the past 2 1/2 years. With power-of-attorney and being the executor of his Will, would I be able to execute a transfer-of-death deed on his behalf to avoid future probate costs? I have 2 sisters that I would pay for their share of the house; they are totally on board with this.

Asked on February 10, 2011 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A Power of Attorney is a form of fiduciary, and you have certain duties and obligations to your Father for which you do not want to get in to any trouble.  Because of same, I would consult with an attorney in your area before you transfer any property.  POA's can not execute certain documents such as Wills.  And I am unfamiliar with a transfer of death deed.  I hope you realize that a POA dies with the person for who it is intended.  You may want to consider becoming the conservator of his estate at this point in time and make sure that anything you do has written consent from the other potential beneficiaries of the estate - your sisters.  Good luck.


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