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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.
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Jessica
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Debra, Expert
Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Debra, Expert
Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.
I am sorry to hear of this difficult situation.
Is your father mentally competent?
Debra, Expert
If he is not able to make decisions about his finances and every decision that you make must be in your father's best interest. You cannot at all consider the willl because he has not died. The will is confidential and not active at this point in time.
So you can only benefit him and not the beneficiaries or the estate.
So you can sell things in the house and there is no tax on that but the money has to go into an account for your father. You don't have to store all the items but it's just that the money has to be put away strictly for your father.
Do you see what I mean?
Debra, Expert
If your father is mentally competent to make decisions about finances and his care you cannot use the POA at all. The POA is for when he is no longer competent. The POA should have a provision in it telling you when you can trigger the POA. For example it may say two doctors have to decide that your father is no longer mentally competent. If the POA is triggered then your father cannot make decisions.
If the POA is not yet able to be triggered then all of this is up to your father and not at all up to you.
Do you understand what I'm saying?
Debra, Expert
My answer as wiped out. I will redo it.
Debra, Expert
Yes they can pick out what you tell them to pick out. The contents is not any different than selling the house. If you can legally sell the house then you can sell the contents.
Debra, Expert
I don't work for the site so I don't know how to send you that so please speak to customer service.
Thanks
Debra, Expert
Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.