Selling a house owned jointly when your spouse is in hospice care

Me and my wife own a house together, i want
to sell it, but my wife moved to another state
and now she is in hospice care.

Asked on March 12, 2019 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If she is still mentally competent, she can give you a power of attorney to let you sell the house for her; the POA can also confirm your power over anything else where it would be convenient for you to be able to act for her (e.g. over he bank accounts or investments, if she has any that are in her name only). A lawyer can very easily draft this for you and provide guidance on making sure it is properly signed and witnessed.
If she is not mentally competent, you likely need to be appointed her guardian or conservator so as to have the necessary power to do this (or again, handle other affairs for her). If this is the case, speak to an elder law attorney about how to be appointed to this role.

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