If I have POA can I sell parent home?

Srry should have been more clear.. . Have DPOA. And the funds would be for AL, furniture costs ,moving cost etc. no we have been living together. I have been her only caregiver for last seven years. This home trying to sell she never lived in at all. It was only bought for her mother but she passed away. So during that time family widdled their way into the property.. They never have taken care of mom.

Is Mom still living in her home? Does she have Dementia? Why the need to sell her house.

My POA was immediate. It also said I could sell Moms house. But like Venting, when my Mom was competent, I never over-road a decision she made. Its a tool, not a control. Like Venting said, immediate just bypasses the need for a doctor to declare incompetence. If the person is competent, they still run the show. Springing needs one or more doctors to say a person is incompetent.

If your mother doesn't wish you to sell the home, and she is somewhat still competent, then as her POA you are obligated to follow her wishes. If, however, she is demented and you MUST sell her home in order to provide care for her, then, IF THE DOCUMENT itself--that is to say a well written POA--says that you may act in this capacity for her, then you may act in this capacity.

As POA your obligation under THE LAW is very strict. You must act as your mom tells you to act if she is competent, and if she is judged incompetent under the law then you must act in her best interests, keeping METICULOUS records that can stand up in court. You could suffer SERIOUS legal consequences otherwise.

I always worry when someone asks questions re POA that indicate they do NOT understand thoroughly their OBLIGATIONS under the law. PLEASE seek the advice of an attorney to discuss this issue.

I wish you the best.

Also, it sounds like you’re acting against the best interests of your mom? She lives at home with family members who care for her. Why would you want to sell her house?

If you’re the conservator, it’s different. If a court decided the POA was unfit to be POA, then a court can appoint a conservator. But if the court did that, it means mom is mentally incompetent, incapable of taking care of her own finances.

If your mom is mentally competent, you can’t sell the house without her approval. If she’s mentally competent, she gets the final word, not POA.

Example:
My POA document became immediately active the moment my mom signed. No need to show mental incompetency for me to start acting as POA.

But if my mom (she’s still mentally competent) and I disagree on a decision, she gets the final word. I can’t go against her wishes.

Is your mom incompetent? Is your POA activated? If it's all set up properly and activated, I think it's likely that you can sell her house.

As far as people living in the house, do they have a lease? You're probably going to want them out of the house before you put it on the market. Could be awkward to have them there when you're getting it ready and for showings, etc. This could be tricky and I don't know the laws about renters. Even without a lease, I think they have rights so if they're jerks, you could have your hands full.

You must read the PoA document to see what triggers your authority to act in her best interests. Are you her DPoA? If not, how many medical diagnosis of cogentive impairment is required? You need to read the document to see if you are authorized to do real estate transactions on her behalf. If you have questions you should take the document to an elder law attorney for clarification.