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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53949
Experience:  Attorney with 29 years of experience.
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My mother in law wants to go home to her apartment with a home

Customer Question

My mother in law wants to go home to her apartment with a home health aide . She has liquid assets for one year. About one hindered and fifty thousand dollars. She is 91. Her son wants to sell her apartment against her wishes and put her in a nursing home. He has power of attorney. He does not plan to tell her he is selling her home, and disposing of all her possessions. She has some short term memory issues but does not have dementia. Does power of attorney give him the right to sell her home and force her into a nursing home. he is not her legal guarding.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Good morning. My name is ***** ***** I look forward to helping you. He would have the authority under the POA to sell the home, but not to force her into a nursing home. BUT, his having a POA does not prevent her from acting on her own and she can easily resolve this situation by revoking the POA after which he would have no further authority to act on her behalf. To do that, she would only need to simply send him a letter of revocation revoking the POA effective immediately and demanding he return the original. Even if he does not return the original, her revocation is still effective upon receipt. I would send the letter by certified mail and/or independent courier so she has independent proof of sending it and the date. Also, send a copy of the revocation letter to any financial institution to which the POA was presented. And, to be totally safe, she should record it in the county public records so that anyone is deemed to have notice should he try to act on her behalf under the revoked POA. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

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