What to do if my mother-in-law is still living but is now in a rest home and the family wants to sell her home in order to have the funds to support her?

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What to do if my mother-in-law is still living but is now in a rest home and the family wants to sell her home in order to have the funds to support her?

She will be unable to return to her home. My brother in law is her legal POA. Can he sell the house before she dies? It is fully paid for.

Asked on May 14, 2015 under Estate Planning, California

Answers:

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

Answered 5 years ago | Contributor

Generally speaking, a POA does NOT allow for transfer of real property unless it says so specifically.  The law does not want people who are entrusted with handling money to buy and sell people's homes without their consent.  So Mom will have to consent, if she is able.  If she is not then some one has to be appointed as guardian and conservator of her estate to do what you wish.  Good luck.


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