Q: My husband has power of attorney over his uncle whom is in a nursing home, he is mentally fine but physically not.
His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we want to purchase it at tax value..
A: The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many things that can be done. Get yourself a consult with a lawyer who covers probate and elder care.
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