Legal Question in Elder Law in Georgia

My mother transferred her home to my sister and I several years ago. In the deed she retains a Life Estate Interest in the property. It would revert to my sister and I upon her death. Our names are n the deed with my mother listed as having a life estate interest in the property until her death.
Question: Mother is now 92 years old suffering from major memory loss and has moved 500 miles to be near me. She is living in an assisted living facility near my home. I am her durable power of attorney as well as her medical power of attorney.
Does the fact that she is no longer living in the house...and will never live in it again...affect the Life Estate portion of the deed. In ther words....do we have to maintain the vacent house until she passes away. Or as her durable power of attorney, can I eventually sell the property without her permission or signature.
Mothers home is in West Virginia and she is now living in Georgia.
Thank you for your help in advance. I hope I have made myself clear.
Jerry C

Asked on 7/05/10, 9:16 pm

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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I'd have to read the power of attorney and the deed to answer you. The language of both will affect the answer.

Answered on 7/06/10, 5:12 am

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