Bay City, MI asked in Estate Planning, Elder Law and Probate for Michigan

Q: Can a POA give away the principal’s personal items to family?

My grandfather has Alzheimer’s. My aunt is POA and the only living child of his. Can she start giving away personal items in the home such as family momentos, clothes, furniture, tools, etc before selling his home to move him? What about holding a living estate sale?

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Generally yes, the POA would allow her to sell property. There is no requirement that it be done through an estate sale, but any proceeds would need to be kept or used for your grandfather's benefit.

While an estate sale is possible, most estate sale companies charge a portion of the proceeds as their fee - usually at least 25%; and many companies will only do sales for estates of a certain value. It is not a low cost option; but if your grandfather has a particularly valuable estate, it might be something to consider.

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