When a parent moves into assisted living, memory care, or a nursing home, the house usually becomes the next big question. It may be paid off, full of decades of belongings, and sitting empty while the bills keep coming. And the person who owns it may no longer be able to sign paperwork, or even talk through the decision.
I’m Joe with Richmond Property Buyers. We’re a family-owned company, I’ve been in real estate since 2010, and a lot of the calls I get from Richmond, Chesterfield, Henrico, and the Tri-Cities start with “Mom just moved to assisted living and we don’t know what to do with the house.” This post walks through how selling works when a son, daughter, or other relative is handling it, what a Virginia power of attorney does and doesn’t let you do, and the questions to settle before you sell. I’m a house buyer, not a lawyer or a tax advisor, so treat this as a starting point for the conversation you’ll have with yours.
First question: who can actually sign?
Only the owner of record, or someone with legal authority to act for them, can sell a house. Being the child who handles everything, pays the bills, or lives closest doesn’t give you that authority by itself. In practice, families land in one of three situations.
- Your parent can still make and understand decisions. Then your parent signs, even if you’re doing the legwork.
- There’s a durable power of attorney. The agent named in it may be able to sign the contract and the deed. More on that below.
- There’s no power of attorney, and your parent can no longer decide. That usually means going to court for a guardian or conservator. It takes time and money, so call an elder-law attorney early.
How a Virginia power of attorney works for a house sale
Virginia’s Uniform Power of Attorney Act (Va. Code § 64.2-1600 and following) sets the rules. A few points matter most to families selling a parent’s home:
- It’s durable unless it says otherwise. Under Va. Code § 64.2-1602, a power of attorney keeps working after the principal (your parent) loses capacity, unless the document itself says it ends at incapacity. Pull it out and read it now.
- It has to cover real estate. When a power of attorney grants general authority over real property, Va. Code § 64.2-1625 says the agent can sell and convey it. Some documents are limited to banking or health decisions, or name a specific property. If yours is narrow or vague, have an attorney read it before you sign a contract.
- It ends when your parent dies. Va. Code § 64.2-1608 lists the ways a power of attorney ends, and the principal’s death is the first. After that, the house is handled through the will or the heirs, which can mean months of probate instead of a quick sale. That’s one reason some families decide to sell while a parent is still living.
- The title company will review it. Expect the settlement agent to ask for the original signed and notarized document, confirm it’s still in effect, and record it along with the deed. If it was signed decades ago, is a photocopy, or names an agent who has since died, find that out early.
An agent has to act in your parent’s best interest. If you’re the agent and also an heir, keep good records, keep your siblings informed, and talk to an attorney before selling to yourself or a relative.
If there’s no power of attorney
When a parent can no longer understand or sign and never signed a power of attorney, a family member usually has to petition the circuit court to be appointed guardian, conservator, or both. In Richmond that’s the Richmond Circuit Court; in the counties it’s the Chesterfield, Henrico, or Hanover Circuit Court, and so on. The court decides what powers to grant, and depending on the order, a conservator may need the court’s approval before selling the house.
That takes time, and the house still needs taxes, insurance, and upkeep meanwhile. If your parent can still sign, ask an attorney about putting a durable power of attorney in place now. It’s usually far simpler than court later.
Questions to settle before you sell
Most of these go to an elder-law attorney or a tax professional, not to me.
How will the sale affect Medicaid or care costs?
If your parent is on Medicaid or may apply for long-term care coverage, the house and the money from selling it can affect eligibility. Medicaid generally looks back five years at transfers made for less than fair value. Selling the house far below its worth, or giving the proceeds to family, can cause problems. Before you sign anything, ask an elder-law attorney how the sale and the proceeds will be treated, and whether a spouse still living at home changes the picture.
Will there be capital gains tax?
The federal home-sale exclusion (up to $250,000 of gain for a single owner, $500,000 for many married couples) normally requires living in the home two of the last five years. There’s a special rule for owners who become physically or mentally unable to care for themselves. If your parent lived in the house at least one of the five years before the sale, time spent in a licensed care facility can count toward the two years (IRS Publication 523 explains it). Whether to sell now or after a death also changes the tax picture, so ask a CPA.
Is the empty house protected?
Tell the homeowner’s insurance agent the house is vacant, since many policies limit coverage once a home sits empty. Keep the heat on in winter and have someone check on it regularly.
Your options for selling
Once you know who can sign and you’ve talked to the right advisors, you have a few paths:
- List it with an agent. If the house is in good shape and you have time to clean it out, repair it, and wait for a buyer, listing usually brings the highest sale price. You’ll pay commission and closing costs, and you’ll manage showings and repair requests from a distance.
- Sell to a family member. This can work at a fair, documented price. Get an appraisal and talk to the attorney first.
- Sell directly for cash, as-is. This trades some price for speed and less work. It tends to fit when the house needs updating, the family is out of town, or carrying costs are eating into the money your parent needs for care.
If you want to see the tradeoffs side by side, my cash offer vs. listing comparison lays out what each option costs and how to work out your own net.
How a direct sale works with us
When a family calls us about a parent’s house, here’s what happens:
- We buy as-is, in any condition, anywhere from Richmond and Chesterfield to Henrico and Colonial Heights. Dated kitchens and deferred repairs are priced in.
- You don’t have to clean it out. Take what the family wants to keep and leave the rest. Clearing out what’s left is part of our job after closing. If the house is very full, my post on selling a hoarder house in Richmond covers that side.
- No commissions or fees, and we pay the closing costs.
- You pick the closing date. We can close in about 7 days, or later if the family needs time to sort belongings or finish paperwork.
- A title company or closing attorney handles the closing, reviews the power of attorney or court order, and pays off any mortgage from the sale.
You can read the step-by-step version on how we buy houses. If you’re comparing options, I’m happy to give you a written offer you can set next to an agent’s estimate. There’s no obligation.
Common questions
Can I sell my parent’s house while they’re in assisted living?
Yes, if your parent signs or someone with legal authority signs for them. That’s usually an agent under a durable power of attorney that covers real estate, or a court-appointed conservator.
Can a power of attorney sell a house after the parent dies?
No. A Virginia power of attorney ends at death. After that, the executor named in the will, or the heirs, handle the sale, often through probate.
Do my brothers and sisters have to agree?
If your parent is still living and owns the house, the decision belongs to your parent, or to the agent acting for them. Siblings don’t sign.
If you’re sorting out a parent’s house and want a straight answer on what it might sell for as-is, request a cash offer or call me at (804) 293-0208. We’ll go at your family’s pace.