A will, living trust and power of attorney are all useful documents to have in your estate plan. Which documents are right for you can depend on your situation and the size of your estate. Q: I would like to express my appreciation to you for your reply and guidance to a previous question some [...]
When you deal with a parent's affairs, you should keep in mind that you might need to have two documents at hand to help them out. One document is a power of attorney for health care and the other document is a power of attorney over the parent's finances. If you have a power of attorney over the parents financial matters, make sure you understand what you should do and shouldn't do. You usually won't see problems with siblings and even parents if you use the parent's money directly for the parent's care and well being. But if you decide to sell your parent's home, you should make sure you have the right to do that and you should discuss the matter with your siblings and an estate planner.
This person wants to use their Power of Attorney to execute a quit claim deed and gain ownership of their mother's home to avoid the home being used to pay for nursing care. The government can trace transactions such as a quit claim and this one could be seen as fraud. A real estate attorney can help figure out if there is a way to structure the transaction to help the mother pay for her nursing care.