If I want to sell my home me and my husband are on the deed but my husband is in a nursing home and I have power of attorney to sign for him?

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If I want to sell my home me and my husband are on the deed but my husband is in a nursing home and I have power of attorney to sign for him?

How do I go about this? He is in a nursing home in another state long story

short and I do not know where to get information on how to or what to expect and do. He is on medicare, and total disability, our income is minimal, and so the reason to think about what to do.

Asked on July 3, 2018 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you have a power of attorney which includes power over real estate (most general powers of attorney will) you can sell it by simply signing all documents for him and attaching or providing a copy of the POA as proof of your authority. Sell like you would if both of you were selling, but for him, sign as "Jane Doe, attorney-in-fact for John Doe" (attorney-in-fact is what you call the person given power by a POA).


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