Follow
Share

The guardian lives 30 miles from the ward.

This question has been closed for answers. Ask a New Question.
My mom is in a NH in Florida but her home is in Georgia. She wants to sell the house and as her DPOA, I'm being told i need to get a Quit Claim Deed to transfer ownership to me. Why? How does that impact me personally?
Helpful Answer (0)
Report

Others on this board can advise you on how taking title through a Quit Claim might impact you. This is my experience, I'm DPOA for my sister who lives in California, and I am in Washington. After she moved into assisted living, she wanted to sell her house; she signed all the documents herself. Now as her dementia has progressed, I am signing more things for her, as her DPOA. I would not want to have had to take title to her house in order to sell it and don't believe you've gotten good advice. Can you contact a lawyer who specializes in real estate in the State of Georgia to see what is required for your mom to sell her house there, and how to sign on her behalf without becoming the title holder? Also in my opinion you need advice from an elder law attorney near you to learn how to protect yourself financially as you help your mom.
Helpful Answer (1)
Report

soccermom,
Do NOT quit claim the house to yourself, that would be totally illegal. Sit down with an attorney who can handle the sale of the house and advise you on how to handle the proceeds without landing in jail.
AnnaMarie,
It is up to the Judge to choose the Guardian. Generally they prefer someone who lives in the same jurisdiction, as it is very difficult to summon someone across state lines. At the very minimum, the funds would have to be in a bank within the same county as the surrogate's court.
Helpful Answer (1)
Report

I suggest that you hire an attorney.
Helpful Answer (0)
Report

Soccermom, it helps to ask the question only once. You've asked the same question here,

https://www.agingcare.com/questions/why-need-a-quit-claim-deed-for-moms-house-to-be-sold-189930.htm

but the two of us who posted there weren't aware at the time that you had also asked the question in this thread. That can result in unnecessary questions being asked by those who respond, and also doesn't provide the responders with the benefit of suggestions made by others.
Helpful Answer (2)
Report

Your question requires an understanding of how your mother is paying for nursing home care in Florida, and real estate title law in Georgia. Talk to an elder law attorney in Florida who can help coordinate the work of a real estate title attorney in Georgia.

There is a Uniform Adult Guardianship and Protective Proceedings Jurisdictions Act that many states have adopted, to help people manage inter state guardianships. But do you need guardianship proceedings? You have Power of Attorney. Again, the elder law attorney can coordinate things for you! Thanks for taking care of your Mom's care.
Helpful Answer (0)
Report

Yes, the law allows for out of state guardians/conservators, but your life as one is going to be REALLY COMPLICATED because you will likely have to follow the rules of two states to do anything. And good luck with that! (Speaking from experience)
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter