TRY ME!
Selling Home With Poa
Summary
A durable Power of Attorney (POA) generally allows you to sell your parents home, but it can be contested if the POA is not valid, the principal was not competent, or there are allegations of fraud or elder abuse. Even if you act in the best interest of your parent, others may still contest the sale. If contested, you may need to provide evidence and could face legal consequences. Always consult a local attorney for personalized advice.Full Conversation
Can somone stop me from selling my parents home if i have a durable poa
Hello Lex, with a durable Power of Attorney (POA), generally you can sell your parent's home. However, it can be contested if:
- The POA is not valid or not recognized.
- Another person has a claim on the property.
- There are concerns about your actions under the POA.
Consult a local attorney for a detailed understanding.
- The POA is not valid or not recognized.
- Another person has a claim on the property.
- There are concerns about your actions under the POA.
Consult a local attorney for a detailed understanding.
If i sell with poa and parent didnt want to what will happen
If you sell your parent's property with a POA against their wishes, they could potentially:
- Contest the sale in court.
- Accuse you of elder abuse or fraud.
- Revoke your POA.
Legal consequences could be severe, so it's critical to act within their best interest under a POA.
- Contest the sale in court.
- Accuse you of elder abuse or fraud.
- Revoke your POA.
Legal consequences could be severe, so it's critical to act within their best interest under a POA.
If i act under the best intrest using a poa can anyone contest it
Yes, even if you believe you're acting in your parent's best interest, others might disagree and choose to contest it. They may:
- Question your interpretation of "best interest."
- Argue that you've breached your fiduciary duty.
- Claim undue influence or fraud.
Legal counsel can provide further details.
- Question your interpretation of "best interest."
- Argue that you've breached your fiduciary duty.
- Claim undue influence or fraud.
Legal counsel can provide further details.
How strong is a poa
A Power of Attorney (POA) is generally strong and allows the person named to make significant decisions. However, its strength can be challenged if:
- The POA is not properly executed.
- The principal was not competent at the time of signing.
- The agent is abusing their power.
-There is suspicion of fraud or undue influence.
- The POA is not properly executed.
- The principal was not competent at the time of signing.
- The agent is abusing their power.
-There is suspicion of fraud or undue influence.
What clasifies a principle assinging a poa to be incompetent or competent
A principal is considered competent to assign a Power of Attorney (POA) if they:
- Understand the nature and extent of their property.
- Know their relatives and those who are natural objects of their bounty.
- Understand the business they're engaging in.
If these elements aren't met, they may be deemed incompetent.
- Understand the nature and extent of their property.
- Know their relatives and those who are natural objects of their bounty.
- Understand the business they're engaging in.
If these elements aren't met, they may be deemed incompetent.
Can someone with mild dementia sign a poa
A person with mild dementia may be able to sign a POA if they have the capacity to understand the nature and consequences of the document. However, their mental state could lead to legal challenges later. It's recommended to consult with a healthcare provider and attorney.
Is it wise to get a poa before a persons dementia progresses
Yes, it is often wise to get a Power of Attorney (POA) before a person's dementia progresses. This ensures that:
- The person can fully understand the document.
- The risk of future legal challenges is minimized.
- The person's wishes can be respected as their condition declines.
Consult an attorney for personalized advice.
- The person can fully understand the document.
- The risk of future legal challenges is minimized.
- The person's wishes can be respected as their condition declines.
Consult an attorney for personalized advice.
Can anyone stop me from selling a home if i have a durable power of attornye
Yes, a sale can be contested if:
- The POA is not valid or recognized.
- The person didn't have the mental capacity to grant the POA.
- You're suspected of elder abuse, fraud, or not acting in the person's best interest.
- Another person has a claim on the property.
It's recommended to consult a local attorney.
- The POA is not valid or recognized.
- The person didn't have the mental capacity to grant the POA.
- You're suspected of elder abuse, fraud, or not acting in the person's best interest.
- Another person has a claim on the property.
It's recommended to consult a local attorney.
What does a sale being contested mean
A sale being contested means that someone is challenging or disputing the sale. This person may claim that:
- The sale is illegal or fraudulent.
- They have a rightful claim to the property.
- The person selling the property does not have the authority to sell.
Such a dispute could lead to legal proceedings.
- The sale is illegal or fraudulent.
- They have a rightful claim to the property.
- The person selling the property does not have the authority to sell.
Such a dispute could lead to legal proceedings.
If i have a poa can i sell a home at whatver price i want
With a Power of Attorney (POA), you can sell a home at any price, but there are considerations:
- The price must be in the best interest of the principal.
- Selling at a significantly lower price might be considered a breach of your fiduciary duties.
- The sale can be contested if perceived as fraudulent or unfair.
Always seek legal advice before proceeding.
- The price must be in the best interest of the principal.
- Selling at a significantly lower price might be considered a breach of your fiduciary duties.
- The sale can be contested if perceived as fraudulent or unfair.
Always seek legal advice before proceeding.
Legally will an attorney go against someone who had a poa
Yes, an attorney can contest actions taken by someone with a Power of Attorney (POA) if they believe that:
- The POA was not validly created.
- The person with the POA is not acting in the principal's best interest.
- There are signs of fraud or abuse.
- The principal was not competent when they signed the POA.
Always consult with a local attorney for tailored advice.
- The POA was not validly created.
- The person with the POA is not acting in the principal's best interest.
- There are signs of fraud or abuse.
- The principal was not competent when they signed the POA.
Always consult with a local attorney for tailored advice.
I am trying to sell home to put parent in assisted living and take care of their child. Is this in the best intrest when selling using the po
Yes, using a Power of Attorney (POA) to sell a home to fund your parent's assisted living and care of their child can be considered acting in their best interest. However:
- Ensure the sale price is fair.
- Document your reasons for decisions.
- Seek approval from a court or attorney if unsure.
Always consult with a local attorney.
- Ensure the sale price is fair.
- Document your reasons for decisions.
- Seek approval from a court or attorney if unsure.
Always consult with a local attorney.
Do i still need persmission from principle if i have a poa to sell their home?
As an agent with a Power of Attorney (POA), you should get permission from the principal if possible, despite having a POA. This ensures you are acting in their best interest and can help prevent legal disputes. Always consult with a local attorney for specific guidance.
They have said yes to selling their home but go back and forth due to dementia so is it okay if i still sell the home using poa
Given your parent's fluctuating wishes due to dementia, it's essential to proceed carefully. If possible, consult with their healthcare provider to assess their decision-making capacity. Also, consider involving a neutral third party or attorney to ensure the sale is in their best interest.
Yes i want to put them in assisted living because i want a better life for them
Your intentions seem to be in the best interest of your parents. However, given the comp****ities involved, it's advisable to:
- Obtain a professional evaluation of your parents' mental capacity.
- Document all your actions and decisions.
- Consult a local attorney for personalized advice.
Remember, any action taken under POA can be contested if seen as not in the best interest.
- Obtain a professional evaluation of your parents' mental capacity.
- Document all your actions and decisions.
- Consult a local attorney for personalized advice.
Remember, any action taken under POA can be contested if seen as not in the best interest.
Family still want to live in my parent home even though im trying to sell it for their best intrest to put them in assisted living
It sounds like a difficult situation. Are the family members who want to continue living in the home also legally entitled to the property in any way? This information would help in providing the most accurate advice.
No, their names are not on the deed
Since their names are not on the deed, they do not have a legal claim to the property. However, selling the home could lead to familial disputes or legal challenges. It's recommended to speak with a local attorney to navigate this situation.
So since they are not on the deed, can they do anything to me?
Since their names are not on the deed, they don't have legal ownership. But if they feel the sale isn't in the best interest of your parent, they could potentially contest it, leading to legal disputes. Consulting a local attorney is advisable to understand potential risks.
If contested and they win, what are the possibilities for me
If the sale is contested and they win, potential outcomes for you could include:
- Having the sale reversed.
- Facing penalties or sanctions if it's found you breached your fiduciary duties.
- Potentially facing legal charges like fraud or elder abuse.
- Damaged familial relationships.
Always consult with an attorney for personalized advice.
- Having the sale reversed.
- Facing penalties or sanctions if it's found you breached your fiduciary duties.
- Potentially facing legal charges like fraud or elder abuse.
- Damaged familial relationships.
Always consult with an attorney for personalized advice.
But if i put them in assisted living, how could they contest and win?
If you place your parents in assisted living and sell their home using a Power of Attorney, it could still be contested if someone believes:
- The sale wasn't in the principal's best interest.
- You exceeded your authority under the POA.
- Your parents didn't have the mental capacity when they gave you the POA.
Always consult a local attorney for advice.
- The sale wasn't in the principal's best interest.
- You exceeded your authority under the POA.
- Your parents didn't have the mental capacity when they gave you the POA.
Always consult a local attorney for advice.
But someone would only contest because their mad they have to move out the home
It's possible that could be a reason. However, legal contests often require more than just personal dissatisfaction. Do these family members have any evidence that you're not acting in your parent's best interest or violating any terms of the POA?
Evidence as in like what
Evidence could include:
- Documentation proving financial mismanagement or fraud.
- Testimonies asserting you're not acting in your parents' best interest.
- Evidence of coercion or undue influence when obtaining the POA.
- Proof that your parents didn't have the mental capacity to grant the POA.
Always consult an attorney for advice.
- Documentation proving financial mismanagement or fraud.
- Testimonies asserting you're not acting in your parents' best interest.
- Evidence of coercion or undue influence when obtaining the POA.
- Proof that your parents didn't have the mental capacity to grant the POA.
Always consult an attorney for advice.
No, all they have is knowing the parent has a dementia diagnosis. They dont have any documentation because i have all my parents things
Based on your statement, they may not have significant evidence to successfully contest the sale. However, a dementia diagnosis could lead to questions about the validity of the POA. Always consult a local attorney to understand potential risks and steps to protect yourself.
Are they able to obtain evidence or try to get it from me? Can an attorney get it from me?
Yes, if a legal dispute arises, they might be able to obtain evidence through a process called "discovery." This could involve requesting documents, conducting depositions, etc. An attorney could request evidence from you. Be sure to consult your own attorney to understand your rights and obligations.
Do i legally have to provide it?
Yes, if a legal dispute arises and you receive a legitimate request or subpoena, you may be legally required to provide requested documents or evidence. Consult with a local attorney for specific guidance.
What if i dont provide it?
If you refuse to provide requested documents in a legal dispute, the court may hold you in contempt, which could result in penalties. Also, the court may make adverse inferences against you. Always consult a local attorney for specific guidance.
But wouldnt things be more in my favor? I have the poa when i sold the property and before that I was helping take care of my parent for seven years and their child.
Your actions supporting your parent could help your case. However, remember:
- POA doesn't shield you from legal scrutiny.
- The court will evaluate if you acted in the principal's best interest.
- You may need to prove your actions were justified.
Always consult a local attorney for advice.
- POA doesn't shield you from legal scrutiny.
- The court will evaluate if you acted in the principal's best interest.
- You may need to prove your actions were justified.
Always consult a local attorney for advice.
Can a lawyer represent me?
Yes, a lawyer can represent you if a legal dispute arises. They can provide advice, represent you in court, and help you navigate the legal process. It's recommended to consult with a local attorney for personalized guidance.
Can they represent me, do i have to show up?
Yes, a lawyer can represent you in court and handle most matters. However, there may be occasions where your presence is required, such as testifying. The specifics would depend on the nature of your case. Consult with your attorney for detailed guidance.
Would my presence be required in people contesting my poa action
Yes, in cases where your Power of Attorney actions are contested, you may be required to appear in court to provide testimony or respond to questions. However, this can vary depending on case specifics. Always consult with your attorney for detailed guidance.
How much could i expect to pay a lawyer when it comes to things like that
The cost of hiring a lawyer can vary greatly based on factors like their experience, the comp****ity of your case, and the lawyer's billing method. You could expect to pay anywhere from $* to over $* per hour. It's best to consult with multiple attorneys to understand their fee structures.
OK but legally in order for anyone to contest my actions as a poa, they have to go through a court? They cannot legally call the police on me and have me arrested
Yes, to contest your actions as a POA, someone would generally need to take the matter to court. The police typically do not get involved in civil matters like this unless there's evidence of a crime, such as fraud or elder abuse. Always consult a local attorney for guidance.
So they still have to have evidence? They cannot just report me without evidence and cant be mad just because im selling my parents home
Yes, to successfully contest your actions, they would generally need evidence that you're not acting in your parent's best interest or that you're violating the terms of the POA. Mere dissatisfaction or anger over the home's sale is typically not enough for a legal challenge.
Could they try to manipulate and say my parent didnt want the transaction to happen?
Yes, they could allege that your parent didn't want the sale. However, they would need to provide evidence supporting this claim. It might include statements from your parent or others, or demonstrating a consistent pattern of your parent opposing the sale. Always consult an attorney for advice.
But how would this be worked out if parent has dementia because they tell me they want to sell it and then possibly tell them no they dont want to
Given the fluctuating nature of your parent's wishes due to their dementia, it's crucial to have their mental capacity assessed by a healthcare provider. Have you consulted with a healthcare professional who can attest to their decision-making capability at the time of granting the POA and during the sale process?
If they were to get my dementia parent to say they didnt want the sale would this be evidence?
If they were to present a statement from your parent saying they didn't want the sale, it could be considered evidence. However, if your parent's mental capacity is in question due to dementia, the weight of such evidence might be contested. It's crucial to have a professional assessment of their mental state. Always consult a local attorney for advice.
A statement, it has to be written?
A statement doesn't have to be written. It could also be verbal. However, written statements are generally stronger evidence. It's important to remember that the weight given to any statement may depend on your parent's mental capacity. Consult a local attorney for specific advice.
Yes but i have been taking care of my parent, im giving them their meds for the last seven years. Im also taking care of their child! How would i lose anything when it comes to someone contesting?
Your caregiving role is commendable and can indicate your interests align with your parent's wellbeing. However, a court will evaluate:
- Whether the sale was in the principal's best interest.
- If you exceeded your authority under the POA.
- The principal's mental capacity when they granted the POA.
Always consult a local attorney for advice.
- Whether the sale was in the principal's best interest.
- If you exceeded your authority under the POA.
- The principal's mental capacity when they granted the POA.
Always consult a local attorney for advice.
and putting them in assisted living indicates my intrest align even morecorrect?
Indeed, placing your parents in assisted living can be seen as acting in their best interest. However, do you have evidence to show that this decision was made after careful consideration of other options and that it aligns with your parents' wishes or needs?
Start a new chat