Q: My mother suffers from Alzheimer's and we're trying to find a facility for her.
I do have a Power of Attorney over her. Now she owns a home in Abilene Tx and before we can place her she needs to sell the home or put it in my name. She's not able to sign for herself and I would like to put it in my name to keep it in the family but I don't know how to do this or even sell it just having the Power of Attorney. If you can give me any information it would be a big help.
A:
As agent under a Durable Power of Attorney, you can sell the home or sign a "Lady Bird" Deed to transfer it on death and rent it out using a special form of lease. Find a local elder lawyer on the website of the National Academy of Elder Law Attorneys (www.naela.org) to guide you.
You do NOT want to put the home in your name. Your mother will likely need Medicaid nursing home care within 60 months. That would be viewed as a transfer for less than fair market value. Unless the total value were returned to your mother and spent down to $2,000, she would not be financially eligible. In addition, if it is viewed as Medicaid fraud, both the county DA and the Texas AG can come after you.
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