Search Articles

Find Attorneys

Can My Mother's Agent Under a Power of Attorney Sell Her Belongings?

  • June 15th, 2018
My mother's lawyer is her agent under a power of attorney. The lawyer sold some of her household belongings. He didn't even bother talking to her about it. What can I do?

The agent under a durable power of attorney has authority to manage property, including its sale. While it doesn’t sound like a good practice for the lawyer to sell items without consulting with the family, this can be difficult to prevent. You should try meeting with the lawyer to discuss how to proceed in the future. Your only legal recourse would be to go to court to ask to be appointed conservator for your mother, which would permit you to revoke the power of attorney. But this could be an expensive, uphill battle, especially if the durable power of attorney also nominates the lawyer to serve as guardian and conservator, which is often the case. For more information on guardians and conservatorship, click here.


Local Elder Law Attorneys in Ashburn, VA

Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA

Evan Farr

Farr Law Firm
Fairfax, VA

William Fralin

The Estate Planning & Elder Law Firm PC
Bethesda, MD

Last Modified: 06/15/2018

Medicaid Rules, etc

View All Elder Law Topics Questions & Answers State Medicaid Information