Can person with dementia sell their home?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption