Can person with dementia sell their home?
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Can person with dementia sell their home?
Mom has dementia and no one has power of attorney. She is unable to make
discision to sell home can the house be sold?
Asked on August 5, 2016 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Legally, if she is mentally incompetent (which is not necessarily the case; you can have, for example, early onset dementia and still be competent), then any agreement or contract, including to sell her home, which she enters into is void for lack of capacity. If you believe she is incompetent, which you seem to, you need to bring a legal action in chancery court (a division or part of county court) or family court to have her declared incompetent and yourself (or someone else you trust; e.g. a sibling) appointed her legal guardian; the guardian can then sell the home on her behalf and otherwise enter into contracts, engage in banking, etc. for her.
You will need medical evidence (e.g. doctor opinions) of incompetency. This type of proceeding or legal action is procedurally complex; you are strongly advised to retain an attorney (e.g. an elder law attorney) to help you.
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