We let my father in law borrow our older convertible for the last few years since we were not using it. He wanted to feel young again I guess. He owns two vehicles already another car and a pickup but wanted to use the convertible in the summer. My husband gave his dad the title and put it in his name, said was safer that way Incase he got into a car accident. Well long story short, I asked for the convertable back and he said no. He plans on driving it this summer. I want to give my daughter the car, I even told him that but can’t because he refuses to sign the title and says we can’t have it back. His children do not want to tell him the truth that he is never going home again, so he thinks he is going home but after he gets better. I have the car in my possession but not the title. I am afraid that the medical insurance will eventually take it. I just don’t know what I can do, we never sold it to him but did switch title to his name for insurance reasons. I just want the car back in our name. His memory comes and goes and forgets sometimes where he is at. His daughter has some kind of power with his medical stuff but says it doesn’t give her the power to sign the title, otherwise she would do that for us. How can I keep from loosing the car? Is there anything I can do?
The key question is whether he has legitimate decision making ability now (has he been assessed for competence?). If he is deemed to be competent, well you are stuck because the title is in his name, and if competent, it can only be switched if he transfers title to you.
If he has been deemed to not be competent to make financial decisions - thats different, but may still be complicated/tricky. For my Dad, myself and my brother having POA has allowed us to do a number of things and manage the financial things as appropriate. BUt in our state the car is complicated, and when I looked into DMV rules about selling it, its complicated with the car title in my dad's name , but yet with him not having decision making ability. To tell the truth due to the complexity of dealing with that, and having to prioritize decisions ( newer and newer medical issues coming up etc take first priority), I have given up for now or dealing with the car, and its just sitting in his garage doing nothing. I guess if I dont change anything and he passes, then it is part of the estate and becomes easier to deal with then.
If he is not willing to assign this to someone, please inform him of what happens to people with no voluntarily assigned FPoA: they eventually get a court-assigned 3rd party legal guardian who will make decisions for him, not his family. Or, it forces his family to pursue guardianship through the courts, which can be very expensive and time-consuming and will be paid for with his assets. That's as much as can be done if he refuses. If he gets a court-assigned guardian, you won't be getting the car back unless you buy it at FMV.
Don't give them any information about anything, just an abandoned car at your property.
It may or may not be a problem because of the Medicaid look back .