Hello,
My dad has recently become incapacitated and unable to make his own decisions, and my durable power of attorney has been enacted. I live far away, and I’m trying to manage everything myself as an only child.
One question I did have; my dad has a house and a car, he is likely moving into a skilled nursing facility permanently, and he is definitely not going to be driving again. The house is a separate issue that I will have to address at some point down the line, but in terms of the car, only his name is on the title.
I am the durable power of attorney. I have a medical letter by his doctor that is overseeing his care at the nursing home that he is mentally unfit to make his own decisions.
How do I go about taking action with the car, since it can’t just sit indefinitely? Do I reach out to the DMV's office with the POA documents and the title, and explain the situation? I would be fine to pay to have it shipped out to me and keep it in my possession, but it’s a different state so I would have to register it to my state, so it’s all a little bit complicated.
But I feel like I can’t take any action with the car because the title has only his name on it. It’s not worth much on paper, it’s just a little 2007 Toyota. But it’s a good solid little commuter car, I would be happy to have it in my possession, or whatever I should/need to do to take action with it at this point because the house will have to be sold to pay for his care coming up when his savings run out and the car won’t have anywhere to be garaged.
Any thoughts on what I need to do to move forward with either selling or taking the car on myself in my own home state? He is in Massachusetts, I am in California. Thx!
It is very difficult as a POA when in same town. It will be 100x's more difficult interstate.
Each state has regulations pertaining to assets and what is allowable to keep and what must be liquidated.
Even though Assisted Living is in most cases private pay it is essential to get all the ducks in a row should your father need a higher level of care.
If it would be considered a gift, consider purchasing the car for the blue book value and depositing the money into his account for his care.
Maybe asking an elder law attorney.
If the person who buys the car from you has an accident and is not insured, they will go after you. So file a "release of liability form".
That requires your name the buyer's name.. I am not sure who is on the form. You can also check with DMV, but fur sure the state it is sold in needs the form.
I sold a car that was titled to me.
AS mentioned above, the transfer as POA is easy, you just sign on the dotted line
. Make sure you GET AN INVOICE FOR THE SALE WITH THE NAME AND ADDRESS AND TEL. # OF THE BUYER.HAVE THEM SHOW YOU THEIR DRIVER'S LICENSE OR A GOV. ID.
DO NOT SIGN THE TITLE OVER UNTIL CAR IS FULLY PAID FOR! IF IT'S MONTHLY PAYMENTS, IF HE STOPS PAYING, YOU STILL HAVE THE CAR.
If it is a check make sure it clears the bank before you give them the title.
You might check the internet to see how much the car is worth. I think there is a Kelly Blue book website, or go to a bookstore, they have the book for sale there. you don't need to buy it, just look at it and take notes.
My husband of 92 years stopped driving last year and" gifted" me his convertible. Just signed it over and put it on the insurance.
Make sure you notify your insurance company to cancel the policy, but NOT until the car is sold. If it gets damaged in the meantime, they will still cover it.
If you can, it might be worth going to the state your dad lives in for a few days and taking care of the matter. if you can find someone who wants the car and you don't want it, you can do it there.
Check your state's laws.
If you have the actual title, you will be able to sell it as your Dad's PoA in any state: you just sign over the title "[Your name] as PoA for [your Dad's name]".
If you keep the car you will still need to transfer the title but this is not an "arm's length" transaction so you should consult with a certified elder law attorney about how to do it properly, if at all.
If your Dad's car is going to sit unused you should contact his insurance company and change the coverage to a storage status until you have to drive it for any reason.