Middletown, OH asked in Real Estate Law for Georgia

Q: Can a power-of-attorney amend the property deed to have the property in his name only?

A family member has the power-of-attorney of his mother. She has significant dementia that is progressing.

They have a property in both of their names as co-owners. His concern is that he will lose his property should she be permanently placed in a nursing home, i.e., for reimbursement costs to Medicare and or Medicaid if applicable.

They both live in Liberty County, Georgia.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: The attorney-in-fact is a fiduciary for his principal. Anything he does must be for the benefit of her. Conveying the property to himself is presumptively fraudulent. Family Members may wish to put her into a Conservatorship, or get a competent attorney to do some Estate Planning now by Deed.

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