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Can someone with Power of Attorney sell the Principals car/truck, if only the Principals name is on the Title and Registration?
Anonymous1 views1 answers
Help! My D.P. has Durable Power of Attorney over his father, who now has a suspended license and lives in a Memory Care Facility. The powers granted on the P.O.A are for all powers over his estate to include: banking, real and personal property, assets, medical treatment, full release of info by the HIPAA etc. My D.P. is inquiring as to how to go about selling his truck for additional needed funds towards his father and mothers estate for costly care. Both parents live in the same facility, so the costs shall be overwhelming, and their home and acreage still need to be sold in addition.
A Power of Attorney is designed to accomplish exactly what you are describing. As a fiduciary, the agent under the Power of Attorney must use all assets for the benefit of the property owner. As long as the Power of Attorney states that it can be used to sell assets, your D.P. should be able to sell the car/truck and use the money for his father's care.
All the best,
~Catherine
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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
