Tag Archives: MOTOR VEHICLE SALE

Can I sell my mother’s car as her POA?

Q: My mother Is in a nursing home and will no longer be able to drive her car. I want to sell her car. Can I do this with just the POA and go to a Notary Public?

A: If it is a legal Power of Attorney, in that it complies with the requirements of state law, and, it authorizes you to sell or transfer her property, you can do it. There are other factors to consider such as Medicaid. If she should need to apply for Medicaid in the next five years, the transfer of any personal or real property without consideration (i.e., gift, under market value) could disqualify her for benefits to the extent of the value of the transfer. If you sell the car, keep records of the transfer and put the money in your mother’s bank account and only use if for her expenses. First and foremost, consult with an attorney, especially if Medicaid may be in the future.