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Yes, the law allows for out of state guardians/conservators, but your life as one is going to be REALLY COMPLICATED because you will likely have to follow the rules of two states to do anything. And good luck with that! (Speaking from experience)
Your question requires an understanding of how your mother is paying for nursing home care in Florida, and real estate title law in Georgia. Talk to an elder law attorney in Florida who can help coordinate the work of a real estate title attorney in Georgia.
There is a Uniform Adult Guardianship and Protective Proceedings Jurisdictions Act that many states have adopted, to help people manage inter state guardianships. But do you need guardianship proceedings? You have Power of Attorney. Again, the elder law attorney can coordinate things for you! Thanks for taking care of your Mom's care.
but the two of us who posted there weren't aware at the time that you had also asked the question in this thread. That can result in unnecessary questions being asked by those who respond, and also doesn't provide the responders with the benefit of suggestions made by others.
soccermom, Do NOT quit claim the house to yourself, that would be totally illegal. Sit down with an attorney who can handle the sale of the house and advise you on how to handle the proceeds without landing in jail. AnnaMarie, It is up to the Judge to choose the Guardian. Generally they prefer someone who lives in the same jurisdiction, as it is very difficult to summon someone across state lines. At the very minimum, the funds would have to be in a bank within the same county as the surrogate's court.
Others on this board can advise you on how taking title through a Quit Claim might impact you. This is my experience, I'm DPOA for my sister who lives in California, and I am in Washington. After she moved into assisted living, she wanted to sell her house; she signed all the documents herself. Now as her dementia has progressed, I am signing more things for her, as her DPOA. I would not want to have had to take title to her house in order to sell it and don't believe you've gotten good advice. Can you contact a lawyer who specializes in real estate in the State of Georgia to see what is required for your mom to sell her house there, and how to sign on her behalf without becoming the title holder? Also in my opinion you need advice from an elder law attorney near you to learn how to protect yourself financially as you help your mom.
My mom is in a NH in Florida but her home is in Georgia. She wants to sell the house and as her DPOA, I'm being told i need to get a Quit Claim Deed to transfer ownership to me. Why? How does that impact me personally?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
There is a Uniform Adult Guardianship and Protective Proceedings Jurisdictions Act that many states have adopted, to help people manage inter state guardianships. But do you need guardianship proceedings? You have Power of Attorney. Again, the elder law attorney can coordinate things for you! Thanks for taking care of your Mom's care.
https://www.agingcare.com/questions/why-need-a-quit-claim-deed-for-moms-house-to-be-sold-189930.htm
but the two of us who posted there weren't aware at the time that you had also asked the question in this thread. That can result in unnecessary questions being asked by those who respond, and also doesn't provide the responders with the benefit of suggestions made by others.
Do NOT quit claim the house to yourself, that would be totally illegal. Sit down with an attorney who can handle the sale of the house and advise you on how to handle the proceeds without landing in jail.
AnnaMarie,
It is up to the Judge to choose the Guardian. Generally they prefer someone who lives in the same jurisdiction, as it is very difficult to summon someone across state lines. At the very minimum, the funds would have to be in a bank within the same county as the surrogate's court.