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can I use a durable poa to remove a name from a deed

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Icon Mini Profile steve521ykt



Joined: 05 Sep 2008

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PostPosted: Fri Sep 05, 2008 5:52 pm    Post subject: can I use a durable poa to remove a name from a deed

Mother is in an assisted living facililty for dementia. We made the mistake of putting her name on the deed when we purchased this house, six years ago. This was to give her a sense of safety. She was to live with us forever. After we moved her in we realized she had something seriously wrong. Doctors diagnosis was dementia. So 14 months later we had no choice but to place her in a facility. She has enough assets to provide care for about 10 years. However if she lives longer than that we may lose the house to medicaid. Can I use the poa to do a quitcalim to save our house, and avoid the 60 month look back period? Is this legal/ethical?
 
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Icon Mini Profile jheard
jheard
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Joined: 12 Dec 2007

Posts: 432
Location: Houston, TX


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PostPosted: Sat Sep 06, 2008 8:54 am    Post subject:

With a power of attorney, you can sign a deed on behalf of your mother. This is legal. The look back period is 5 years, last time I checked.

Ethical? You have to ask yourself.

_________________
This is not legal advice and I am not your lawyer. This information is provided for discussion purposes only in this forum. State and local laws may vary. Consult with a local attorney to see how your laws may apply to your specific situation.
 
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