POA in VA questions

[jerri]

:confused Hi, my grandmother gave me durable power of attorney for both medical & financial. Later her son was given durable POA for financial only. He went to the court house & registered his so he could sell her house. That was 3 months ago & he refuses to put the house on the market. My grandmother wants the house sold to pay for the assisted living home she is in. In Virginia can I go to the court house & register my POA also to sell the property? Can I use my financial POA at other places also? If I sell her house I would not want the money to go into the joint acct. with her 2nd husband because her husband's son has his POA on that acct. and my grandmother did not put her 2nd husband's name on the deed & wants the house to go to her family. So how can I open an acct. to put the proceeds into an acct. without dragging my 99 yr. old grandmother to a bank in person? I am afraid that her 2nd husband's son will try to get the house signed over to his father if we don't try to do something with the house. Thanks you so much for your help!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[lwpat]

Normally a later POA will have wording revoking any prior POA. You need to get a copy of his and see what it says. The two of you being at odds with each other will only cause further problems. My suggestion would be to sit down with him and open an account where both of you have to sign. If she is on Medicaid they may have a claim on the proceeds from any sale and so may the home. Her current husband may also have a claim that will prevent you from selling. Just because she did not put his name on the deed does not mean he doesn't have a claim. He is also responsible for supporting her.

My suggestion is to get all of the paperwork together and the two of you sit down with an elder care attorney.