If her PoA is active then she's the one that can and should sign the bill of sale "____ as PoA for ______". Does your sister not understand what being a PoA means?
Your sister with POA can sign the paperwork without your father present. If your father is unable to make decisions, do not even tell him about his car that is or has been sold.
If your sister is POA because dad has dementia and is no longer competent he CAN NOT sign the title/bill of sale. These are legal documents and he is no longer able to sign. SHE can sign the title / bill of sale if she is acting as POA.
Correct. Moreover sister can only sell this car for "fair market value" and the funds must be placed in the father's accounts, so the check should be written TO THE FATHER and the POA can put it in his account.
Sister cannot self enrich nor can she sell any of her Dad's property for less than fair market value.
I’d say go together with sister. She is doing the sale as POA, you are buying the car. You both have some responsibilities for the transaction, and it shouldn’t be a secret. If F does need to sign the forms (not the POA) then go together to see him and explain.
Your father does not have to be involved or even told. If he isn't on his way to a care facility, the POA (your sister) can sell or give the car to you. Transfer the title, change the registration, and say nothing. A person can own a car and still be on Medicaid, but once the title is transferred, your father no longer owns the car. Don't worry about it and don't involve your father in the transaction.
Lol, my family begged me to take dad’s 2004 Lexus. My family gave it to me, I gave it to dh, who fell in love with it and started customizing it. Guys. Cars. You know?
Fair Market value only comes in if Medicaid will be needed within the look back period which is 5 yrs in most states.
I would check with DMV on how this should be done. A lot of government agencies do not except POAs. It maybe that Sis just needs to bring POA and sign in front of a clerk. If not done correctly, it could void the title. I would want to do it right the first time.
When I got Mom an ID, back before COVID, i told DMV she had Dementia. They still required her to come in, get her picture taken and sign.
It sounds like your sister does not know / understand what her responsibilities are being a POA. She may benefit from contacting an attorney to understand what her legal responsibilities are.
If your dad has dementia, you want to keep him calm. You do whatever is necessary to achieve this goal. Your sister needs to know this too. Google Teepa Snow to understand how to communicate with a person inflicted with dementia. She also has webinars / You Tubes about car issues-dementia. Gena
I am POA for my aunt. I moved her to a SNF and sold her car. I had to give a copy of my POA to the friend who was buying, and I signed the title and Bill of sale as POA. My aunt has dementia, is bedridden, and when she occasionally asks about it (it's been 3 yrs) I tell her it's getting serviced or something. No need to upset her. The proceeds must be put into your dad's account. Medicaid will want a full accounting of his funds, so your sister must keep meticulous records.
SHE can sign the title / bill of sale if she is acting as POA.
Sister cannot self enrich nor can she sell any of her Dad's property for less than fair market value.
I would check with DMV on how this should be done. A lot of government agencies do not except POAs. It maybe that Sis just needs to bring POA and sign in front of a clerk. If not done correctly, it could void the title. I would want to do it right the first time.
When I got Mom an ID, back before COVID, i told DMV she had Dementia. They still required her to come in, get her picture taken and sign.
If your dad has dementia, you want to keep him calm. You do whatever is necessary to achieve this goal. Your sister needs to know this too. Google Teepa Snow to understand how to communicate with a person inflicted with dementia. She also has webinars / You Tubes about car issues-dementia. Gena
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