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Marsha Madorsky,   Elder Law Attorney   in Miami, FL        show your full name

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Elder Law Attorney at [Your Business Name Here]

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  1. Juris Doctorate
Questions Answered: 2
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Estate planning, Guardianship services, Health Care Directives, Power of attorney, Trusts and Estates,
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  • University of Florida College of Law--JD
  • University of Miami-- Masters of Tax Law

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Recent advice by Marsha Madorsky
POA Selling Elders House to Her Daughter My mothers care is being divided between two of my sisters. There are ten of us in total. These two sisters get all of my mother's social security and rent. One sister is her POA. The POA recently said that she can sell mother's house to her daughter, for whatever amount she deems aprpropriate. My mother has short term memory loss but in good physical health. Can my sister do this? Won't she have to get an appraisal?
Marsha M.'s Expert Answer:     While your sister who has the POA should get an appraisal she is not required. however she does have a fiduciary responsiblity to your mother and her failure to sell for the fair market value could subject her to an action by your mother or someone on her behalf. YOu would more likely than not need to have a guardianship established for mom or have mom sue her in her own right. You as children have no special rights to Mom's property while she is alive (depending on the state in which you live. so the short answer is yes she can do it but there may be reprocussions from doing so.
Special Needs Trust My younger sister has become pretty seriously demented. I have been making many of the decisions for her, but am ill myself. I was advised to create a special needs trust for some assets. Will those assets be protected by the trust insofar as medicaid eligibility?
Marsha M.'s Expert Answer:     Generally, yes. I see the question has been more fully answered by Leonard B. it is an answer I agree with.
See all answers by Marsha M.
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