Why Can't I Use My Power of Attorney to Void a Life Estate

[Country]

My question involves a power of attorney in the state of: Texas. My Mom made me a warranty deed in 2001 reserving a life estate. She is now in the nursing home with alzimers and has been declared incompetent. She made me her power of attorney medical and durable stating I could handle all transactions including real estate in case she became incompetent. So why can't I sell the house as it is being vandalized and deterioting (4 years vacant) . I contacted the title company and they told me they could issue the buyer a clear title because I have power of attorney over her real estate. However I read all the comments on this site and they always say no matter what you have no right to sell the property. I am paying all the taxes and insurance and upkeep and the insurance wants to cancel because the property is vacant. I am on total disability and medicaid has told me there would be no penalty for selling and she would not be disqualified from medicaid. The house will not in any way sell for what it is appraised for and the medicaid office said to bring them a letter from the appraiser to that effect and it would take care of her life estate. So is this just for medicaid purposes or is it a legal procedure? I just want to sell the house and get rid of some of the stress. I am at the nursing home 7 days a week and I am her only caregiver and provide all her necessities which amounts to quiet a bit of money each month. I have sister which was included in Mom's will over 35 years ago but my Mom decided to put everything in my name because she said my sister would never help take care. Nothing is in my Mom's name .Tell me if I have the right to sell and get out of this stressfull situation. The neighbors are always calling in the middle of the night to tell me someone is trying to break in. We live about 15 miles away and it is really getting out of hand. Please give me some advice quickly!!!

[Mr. Knowitall]

So nobody has actually refused to honor the power of attorney - you're just afraid that may happen? I suggest trying.

If you're so concerned that you won't even try to proceed on the basis of your POA, go to court and get appointed conservator / guardian of the estate. That will create annual accounting issues and your actions will be subject to court oversight, but the court's order is much more likely to be accepted.

[KeyWestDan]

In a situation like this, you need to speak to an attorney who specializes in this area of law.

[Country]

So if I do sell and the title company gives the buyer a title insurance and I do get problems from my sister will the title company be responsible or will I be the one to go to court?