poa real estate transaction

UPDATED: Jun 22, 2009

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poa real estate transaction

I am poa for mother in law. her home was transferred into my husband’s name several years ago. she is now in advanced stages of dementia. as her poa can i sell back or transfer the home back into her name without her being present so that we can get a reverse mortgage on the home to take care of her nursing and medical needs and expenses.

Asked on June 22, 2009 under Real Estate Law, South Carolina


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You can probably do that, but I very much doubt that it's a good idea.  I would very strongly urge you to talk to a lawyer who is familiar with elder law issues, before doing anything of the sort.  One place to find a qualified attorney in your area is our website, http://attorneypages.com

There's a good chance, depending on all the facts, that your mother in law can qualify for Medicaid, if she has less than a certain amount ($2,000, the last time I looked) in assets.  Medicaid will look back 3 years, for transfers at less than full market value, and add any difference back in;  if the sale to your husband was at least that long ago, the last thing you probably want to do is reverse that!

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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