How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
Type Your Family Law Question Here...
Tina is online now
A new question is answered every 9 seconds

I have the financial and medical power of attorney for my grandmother

This answer was rated:

I have the financial and medical power of attorney for my grandmother who is an assisted living facility in Texas. She has a house with some property. Am I allowed to deed her property to my son via quit claim deed? Not sure what my limitations are on the financial side of the power of attorney.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

What is the reason you wish to make this transfer? Is your grandmother competent to give her consent to this transfer?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

She is no longer competent to make decisions and her home is falling into disrepair. I would like to deed this property to my son, who is able to save the home and restore it to its original condition.

I see. Thank you for clarifying the situation for me.

If you have a durable POA, it would typically remain effective even though your grandmother is no longer competent, so you could transfer the property to your son. The question then is whether this violates your fiduciary obligation to your grandmother as POA, to act in her best interests.

If the property has a significant fair market value, transferring it to someone for less than that value could lead to allegations of self-dealing or a breach of your fiduciary obligation. Therefore, it is typically best to ensure this is an arms-length transaction and you obtain the fair market value of the property, in it's current condition, when transferring it to anyone.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Customer: replied 3 years ago.

My grandmother owned this property when she entered assisted living in 2006 and still qualified to enter the facility and receive coverage through Medicaid. She is still the current owner of the property and has no balance due at the assisted living facilty or with Medicaid. My son is the listed beneficiary of my grandmother's property in her Will. Who would have heartburn with me deeding this property to him?

Any other heirs that she may have could challenge the transfer. Since your son is the named beneficiary in her will, it is more unlikely someone might challenge it, but there is that possibility. Or an angry relative could report you to the local prosecutor indicating you are self-dealing, which could require you to defend yourself.

It would typically be better to permit him to perform the work and place a lien against the property for the value of the work performed and then, if the will is not contested, the property will pass to your son and the lien could be removed.

Tina and 6 other Family Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.


Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: I look forward to hearing from you again should the need arise.

Related Family Law Questions