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sheila1933 Asked March 2021

As POA and Trustee, do I have the ability to put my friend in an Assisted Living facility and sell her house? She has no close relatives.

Her niece lives in TX and hasn't been to see my friend in yrs, and her step-daughter in CA wants me to handle everything for my friend. All they care about is what they'll get when my friend dies.

JoAnn29 Mar 2021
You say in ur profile she has a Dementia. Has she been declared incompetent? If not, maybe its time she needs to be evaluated by a Neurologist to determine if she is capable of making informed decisions.

Read your POA. Mine was springing meaning Mom was found incompetent. I was able to sell her property. A lawyer maybe a good idea and you may be able to use her money for it.

It maybe time to allow the State to step in and revoke your POA. This is something I would ask the lawyer and then inform her Stepdaughter. The State will use her assets towards her care. No one will inherit.

Daughterof1930 Mar 2021
I have a friend who did what you’re doing for a friend with no family that was interested. She provided care and acted as POA for years. Until the estranged family got the idea there was money to gain when the lady died, it then got ugly in a hurry and ended up in court. My friend was blindsided, thinking she’d been doing a good thing in helping. She was accused of stealing money and not providing appropriate care. It was a huge mess, ending only upon my friend backing out completely. She found that judges will most often rule in favor of family, even uncaring and uninvolved ones.
I’m glad you’re being a good friend, please do both of you the favor of consulting an elder law attorney to ensure all is in order and you know the best way to move forward

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97yroldmom Mar 2021
Hi Sheila
i left you a personal message.
What does your friend want you to do about her house?
Where is she living now?
Usually the POA states clearly what you are allowed yo do for the principal.

gladimhere Mar 2021
Check with the attorney that prepared the POA. Does friend want to go? She may have to be declared incompetent or incapacitated before you can do anything. It depends on your state laws.

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