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.
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?
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?
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.
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.
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.
Prob best to have the conversation dad youre unable to drive anymore - the law forbids it with your health can I please have your car? Or maybe dad the law forbids you to drive can you please sign your. At over to me to use please ? one way or another you’re going to have to tell him if he’s in his senses to understand that then poa or not maybe your sister should have discussed it before selling
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.
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.
It all depends how far along with Dementia your Dad is and his attachment to his car. My Dad had been living with my husband and I for the passed 2 1/2 years although he hasn't driven in a while he still had his car which his girlfriend used to drive him around. So when my Dad came here we used his car to drive him around it was easier for him because we have trucks. It was time to place my Dad in assisted living, so my Dads fiduciary said it's time we sell the car, insurance and just plan upkeep. I told my Dad and he said oh, ok he asked if I wanted to buy it I said no thanks we have two vehicles. I had him sign the pink slip and a car dealer that fiduciary sent over and picked it up. If my Dad was not able to sign then the POA would have signed the pink slip. So you might just have a talk with your Dad example: Dad you no longer can drive because of your condition. Your car is still costing you money ie: insurance, registration maintenance. I would like to purchase your car that way you can still see it and I can take you for a ride without having to pay for all the expenses above then the money will be in your account so you could purchase other things you might need now or in the future. 😊
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.
dad
youre unable to drive anymore - the law forbids it with your health
can I please have your car?
Or maybe
dad the law forbids you to drive
can you please sign your. At over to me to use please ?
one way or another you’re going to have to tell him
if he’s in his senses to understand that then poa or not maybe your sister should have discussed it before selling
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
It all depends how far along with Dementia your Dad is and his attachment to his car.
My Dad had been living with my husband and I for the passed 2 1/2 years although he hasn't driven in a while he still had his car which his girlfriend used to drive him around. So when my Dad came here we used his car to drive him around it was easier for him because we have trucks. It was time to place my Dad in assisted living, so my Dads fiduciary said it's time we sell the car, insurance and just plan upkeep.
I told my Dad and he said oh, ok he asked if I wanted to buy it I said no thanks we have two vehicles. I had him sign the pink slip and a car dealer that fiduciary sent over and picked it up. If my Dad was not able to sign then the POA would have signed the pink slip.
So you might just have a talk with your Dad example: Dad you no longer can drive because of your condition. Your car is still costing you money ie: insurance, registration maintenance.
I would like to purchase your car that way you can still see it and I can take you for a ride without having to pay for all the expenses above then the money will be in your account so you could purchase other things you might need now or in the future. 😊