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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I have the financial and medical power of attorney for my grandmother

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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 4 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 4 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.

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