Can I sell my mother's house while she is in the rest home? 3 Answers as of December 14, 2011

With the house in your name you could sell it now. However, with the involvement of Medical in your mother's care, it would be advisable for you to first seek the advise of an estate planning attorney familiar with Medical reimbursement rules so that you can understand all of the possible ramifications of a sale.

If the title has been put in your name, then the house is yours. However, what has happened is when you sell it, you could owe taxes on the difference between what she paid for it when she bought it and what you sell it for. Had you waited until after she died, the tax would have been the difference between what it was worth on her date of death and what you sell it for. Further, if the transfer to you occurred in the past five years, the government can (and will) come back to you for payment of amounts it pays for her care since the government is paying based on the representation she has no assets, which is only the case since she transferred the house to you.

Yes but only if have power of attorney covering that specifically.