Selling a Parent's House for Assisted Living in SC: Who Can Sign?

If you are selling a parent's house for assisted living in SC, the first question is who has the legal right to sign. If your mom or dad can still decide for themselves, they sign, and you help. If they can't, it usually comes down to a power of attorney. No power of attorney and no ability to sign means the probate court may need to get involved. Start with speaking to an elder care attorney before you call anyone about listing.

Why I know this

I work with a lot of households in Columbia, Lexington and around Lake Murray. The house sale is rarely the hard part. The hard part is the feeling that goes with it. When you see your parent struggling and they just do not want to have the conversation, it is hard. Getting the family members together to have "The Talk" and who is paying what, who is handling what, and who is...all the things. It's a lot.

Who can sign the papers when a parent moves to assisted living?

Think of it as three paths.

Path one. Your parent is still able to make their own decisions. They are the seller. They sign the listing agreement and the contract. You can be in every meeting and help with all of it. But the signature is theirs.

Path two. Your parent has a power of attorney. This is a document where they named someone, called the agent, to handle money and property for them. The agent can sign for them, if the document gives that power.

Path three. Your parent can no longer decide and there is no power of attorney. A person can't just be handed that authority after the fact. This usually means asking the probate court to appoint someone. It takes time and it costs money. Talk to an elder law or probate attorney early.

What does a power of attorney let you do with the house?

Read the actual document. Don't go by what you remember about it.

Under the SC Uniform Power of Attorney Act, a general grant of authority over real property includes the power to sell and convey it, unless the document says otherwise. Some other things, like making gifts or changing a trust, need to be spelled out. Selling the house usually is not one of those. Source: SC Code 62-8-204 and 62-8-201.

Two more points matter here.

The agent is a fiduciary. That means acting in good faith and in your parent's interest, and keeping records. Keep every receipt and every closing document. SC Code 62-8-114.

Also, the law says that once the person has become incapacitated, the agent can only act if the power of attorney has been recorded, like a deed, in the county where the person lives. If your parent still lives in Richland or Lexington County, that means the county where the home is. Record it before you list, so you aren't stuck at the closing table. SC Code 62-8-109.

I'm not your attorney or your CPA. Run this by your closing attorney before you count on it.

How do you know the timing is right to list the house?

There isn't one right answer. Some households list the day a parent moves. Others wait a few months to see how the move goes.

Here is how I look at it. A vacant house still costs money. Taxes, insurance, power, lawn care. Those bills keep coming whether anyone sleeps there or not. The average days on market for September 2026 is sitting at 53 days. So take that into consideration of being on market for an average of 53 days and then an additional 30-45 days to closing.

But waiting can be alright too, if your parent is still deciding how they feel about the move. Sometimes a short wait helps them say goodbye. A rushed sale can leave a lot of regret.

If it is going to sit empty, tell your insurance company. Many policies have rules about vacant homes. Call and ask, so a claim doesn't surprise you later.

What do you do with a whole house full of stuff?

This is the part that wears people out. Decades of belongings do not fit in one room at an assisted living community.

Go in this order.

1. Take the things your parent needs for the new place first. 2. Let the children and grandchildren choose what they want to keep. 3. Look for papers, photos and anything with a name or number on it before a single box leaves. 4. Then sell, donate or haul the rest.

I have a few clean out companies as well as estate sale companies that can assist.

Don't rush the family items. You can list a house with furniture still in it, but it shows better with less. Buyers need to picture their own things there. We can talk through how much needs to go before photos.

What should you ask before you list?

Here is a short checklist.

Who is the legal seller, and do we have the paperwork to prove it? Is the power of attorney recorded in the right county? Does anyone else have a say, like a sibling who is on the deed? Who will be at the closing, and can your parent attend or sign ahead of time? What does your attorney say about any benefit or long term care questions? Is the house insured while it sits empty?

That fifth one matters. If your parent receives, or may apply for, Medicaid or other long term care help, the sale proceeds can affect that. I'm a Realtor, not an elder law attorney. Please ask one before you sign a contract.

Frequently asked questions

Can I sell my mom's house if I have power of attorney? Usually yes, if the document gives you authority over real property and it has been recorded when that is required. Show it to your closing attorney early. South Carolina is an attorney closing state, so they will want to review it.

What if my parent has dementia and there is no power of attorney? Then your parent likely can't sign a valid contract, and no one else can sign yet. The probate court is usually the path. Talk to a probate or elder law attorney first.

Do all the siblings have to agree? It depends on who is on the deed and who holds the power of attorney. An agent doesn't need a sibling's signature just because they are family. But a fight between siblings can still stall a sale. Talk early.

Should we sell the house before the move or after? Either can work. It depends on money, your parent's feelings and how much work the house needs. Think it through with your attorney and with me.

Who pays at closing? The seller pays the usual seller costs, like the deed recording fee and the closing attorney. Ask for a real number on your house before you count on one.

Close

Selling a parent's house is only partly about the house. The rest is your parent, your siblings, the memories, and the pace you can handle. Take it one step at a time. If it helps to talk it through, call or text me at 803-307-7788. I can walk the house with you and we can make a plan.

Courtney McCullough, Pawmetto Homes Team at Tzedi Co Realty. 803-307-7788.