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Gypsy70 Asked February 2014

How do I proceed to change ownership?

I have POA. A small acre parcel still in family. My Mom stage 2 dementia. I want to change ownership so we can have access to stay on the property. It has a camp ground and facilities. for summer. However the association says only the owner on title can visit. or be with visitors?

pamstegma Feb 2014
You buy the property from her at market price, have her hold the mortgage and you make the payments to her. That way she can still get Medicaid. Have a lawyer handle the closing.

ferris1 Feb 2014
Each HOA has there own CC&Rs. If a title company will accept your POA, then quit-claim deed from your mother to yourself and get yourself on the deed. In any event, talk to the board of the HOA, explain what you want to do, what your situation is, and then they can vote on it. They may vote you in. If all else fails, consult a real estate attorney. Good luck!

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gladimhere Feb 2014
You need to see an elder law attorney. If you transfer it, your mom could be penalized the value of it if she ever needs to go on Medicaid. It seems that family could still use it. Check the agreement she must have signed when she purchased it.

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