Hi, my mother has dementia and is on mass health, currently we own the house jointly. I am considered a caretaker and mom is currently in nursing home and I want to sell house but first need to transfer title to my name so none of the sale goes to my mom or she will lose benefits. I am her power of attorney but does not allow me to make gifts to myself. can I file for conservatorship and request a single transaction to transfer title to myself ?
You need to petition for a single transaction conservatorship. Expect that the court will appoint a guardian ad litem to represent your mother's interest. I strongly suggest you retain the services of an elder law attorney in this matter, as there are critical technical requirements for the court procedure itself and preparation of necessary real estate documents that need to be followed.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
Agree with my colleague. The power of attorney should specifically empower you to hire an attorney to assist. This is a tricky situation and a complex one when you are talking about public benefits and the sale of property. Consult with an elder law attorney right away.
Good luck to you.
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I would strongly recommend that you speak to an experienced elder law attorney like Attorney Golden, who provided the first answer to your question. A transfer of your mother's interest to you could be considered a disqualifying transfer for MassHealth purposes. It is critical that you do things right to minimize the potential adverse consequences.
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