My mother has dementia, but before her illness, she executed a durable Power of Attorney wherein I am to serve as Attorney in fact - the POA permits me to manage and handle her personal property. I would like to transfer her two vehicles into my name, especially since she cannot sign any documents currently. Please advise on the best way to do this.
Just because you have the power that does not mean you have the right to take and use your mothers property. Because your actions could have serious ramifications you should mEet with an elder law or estate planning attorney.
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Attorney Shultz is correct. As your mother's agent under a Power of Attorney, you can only do things which serve her interest. Transferring the cars to yourself doesn't fit that description. With that said, in some states, a person is allowed to make gifts using a Power of Attorney if the document expressly allows the same. Thus, before doing anything, please retain an experienced lawyer who can review the terms of your Power of Attorney and advise you of your duties.
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Wills and Living Wills Lawyer
Hi, I agree with the other two attorneys unless the Durable Power of Attorney allows for gifting. Gifting is often allowed in Durable Powers of Attorney as part of Medi-Cal planning. I recommend that you carefully review the document and contact an experienced attorney if you have any questions.
No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.