Parent in Assisted Living w Dementia – Need to Sell home?

Hello

My mother is in an assisted living home and has the onset of dementia. She has a home in which is left to me in her will. How do I put the home in my name so that I can rent or sell it to help pay for her future expenses?

Asked on April 20, 2017 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she gave you a power of attorney (POA) before her dementia set it (i.e. while still mentally competent) giving you authority over her house, you could transfer, sell, lease, etc. it. If she did not, then if she is now mentally incompetent, you would have to apply to the court (the chancery court; a division or part of county count) to have her officially declared incompetent and have you appointed as her legal guardian--once that is done, you will have the power or authority to act in regards to the house. This can be a complicated thing to do, procedurally, and you have to make sure you have the proper evidence (e.g. doctor testimony) to support a determination of incompetence; you are strongly advised to consult with an elder law attorney, who can help you.


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