Power of Attorney

[mayoman]

My mother who is 90 is in the final stages of Alzheimer's and is mentally incompetent. My sister living in the same town has POA for her. My father passed away several years ago. We have decided to sell my mom's car and use the proceeds for her ongoing care. Is my sister allowed to sign over the title to the purchasor since it was in my dad's and mom's name?

[LadyGeek]

I have a POA for my parents. The fact that you have a document does not mean that it's in force. IOW, there are conditions stated in the document which define when your sister can assume the responsibilities. You can google for more information: when does poa take effect - Google Search, so you'll need to read what's in the POA document itself.

How to sign the documents is discussed in this forum.

I'm not answering your question, as I'm not a lawyer. But, this is what I know about POA and wanted to be sure this aspect was covered.

Aside from that, asking an attorney is always good advice.

[dm200]

There have been recent (last 2-3 years) changes in many (perhaps most) states regarding POAs. You may want to check with an attorney familiar with POAs in your state.

[MBMiner]

You will likely need a copy of your father's death certificate along with the POA for your mother which should enable you to transfer the car.
Bruce

[LeyEily]

As far as the POA goes you will need to see what the terms of the agreement are and if that sort of an action is allowed. Was it created before your mother was showing signs of mental incompetence? Since your mother is currently in this state there is another agreement called the “durable” power of attorney, or enduring power of attorney, this is used so that the power of attorney is effective when the principal is incapacitated. You may even look into making that durable POA a “springing” POA, which is specifically for when the principal has already become disabled or mentally incompetent, you’d need a doctor’s certification for this. I’ve gathered all of this information from the Power of Attorney section of the Rocket Lawyer website. (I had to use this information before when I was in a similar situation)

There are definitely helpful resources for you to utilize, but ultimately you may need to consult with an attorney. Best of luck to you.

[mayoman]

Thanks all for the help.