Owner in Care

Who can sell a Florida house when the owner is in a nursing home or can no longer decide?

Only someone with legal authority can sign. That is the owner, an agent under a valid power of attorney that covers real estate, a court-appointed guardian, or a trustee. Family members without one of those papers cannot sell the house.

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The short answer

The person who signs the deed must have legal authority, and a title company will ask to see it. If the owner still understands the sale and can sign, the owner can sell. If not, the route depends on what papers already exist.

Howler Property Group LLC, a Tampa-based company that buys Florida houses directly, publishes this guide. It is general information and not legal advice.

If the owner can still decide

An owner in a nursing home, hospice or memory care can sell if they understand what they are signing. Tell the title company the situation early. It may ask for a notary to visit, or for a doctor's letter, and it may decline to proceed if capacity is in doubt.

If there is a power of attorney

  • A Florida power of attorney must be signed by the owner in front of two witnesses and a notary to be used in a real estate sale. Florida Statutes chapter 709 sets the rules.
  • The document must give the agent authority over real estate. A narrow power, such as one for banking only, is not enough.
  • The agent signs as the owner's agent, and the title company usually records the power of attorney with the deed.
  • If the owner no longer has capacity and no power of attorney was signed earlier, a new one cannot be signed.

If there is no power of attorney

Family members then generally need a court. A Florida guardianship case under chapter 744 asks a judge to appoint a guardian, and a guardian generally needs court approval to sell the ward's real property. A guardianship takes time and legal fees. A Florida elder law attorney can say whether it is needed and what else might work.

If the house is in a trust

The trustee named in the trust document can sell, following its terms. The title company asks for a copy of the trust, or a certificate of trust, to confirm who may sign.

Benefits, liens and the cost of care

Care costs, Medicaid and other benefits can affect what happens to a house, and there can be claims against the property. These rules are complicated, and a mistake can cost the family a benefit. Speak with a Florida elder law attorney before a sale, not after.

Where does Howler Property Group fit in?

Howler Property Group buys Florida houses as-is for cash, including a house that still holds a parent's belongings. We will not buy from anyone who cannot show authority to sign, and we will not rush a family that is still working out the paperwork. If listing the house with an agent would serve you better, we say so. See selling a house full of belongings and selling a house in probate.

Written 2026-10-27. This page is general information, not legal or tax advice, and we are not a law firm. For your own deadlines and rights, talk to a Florida attorney.

Related questions

Good Questions

Frequently asked

Can I sell my mother's house in Florida if she is in a nursing home?
Only with legal authority: she signs herself if she understands the sale, or an agent under a valid power of attorney, a court-appointed guardian or a trustee signs for her.
What does a Florida power of attorney need for a real estate sale?
It must be signed before two witnesses and a notary, and it must give the agent authority over real estate. Florida Statutes chapter 709 sets the rules.
What if the owner has dementia and no power of attorney?
A power of attorney cannot be signed if the owner lacks capacity. Family generally needs a court to appoint a guardian under chapter 744, and the guardian generally needs court approval to sell.
Does Medicaid affect selling a parent's house?
It can. Benefit rules and possible claims against the property are complicated, so speak with a Florida elder law attorney before a sale.
Who signs for a house held in a trust?
The trustee named in the trust document, following its terms. The title company asks for the trust or a certificate of trust.