Need to sell property but mom does not have capacity to make decisions. Legally nothing can be done until I have a POA which I do not want. What are options?
Does mom have the ability to understand simple yes no questions?
Mom, do you want me to sell your house? Yes or no?
There is a specific real estate Durable POA. It is only for that one property, address, legal description on the POA. One time use.
Talk to a Title company about the requirements in your state, they will know as they are saying they checked out the property and are guaranteeing clear title. They don't get it wrong or they pay.
Doesn’t sound like your mom is competent to grant a POA. I had a POA for both my folks when they went into care but issues arose with the wording when I tried to sell the house and property.
i ended up going the guardianship/conservator route. Had to get a lawyer and the process took over 3 months and almost $3K. But it made the real estate process iron clad for me. No institution, the county, banks etc. could question or deny the G/C. My mom died during the process but The sale went through and I have funds to care for my dad who is in memory care.
guardianship means you are responsible for her care, medical, housing etc. Conservator is the financial stuff. You’d use her money to pay for her care, bills and so on. In my state I have to file reports each 6 months. Takes a little time but it’s not overwhelming.
as to the house, I recommend selling AS IS. My folks place was a wreck. I got the personal stuff out, did a basic clean out of junk and nothing else. I could have spent $10K on a house that was basically a shove down. No sense in that.
If Mom has dementia and/or is deemed incapable of making decisions, you wont be able to get POA. A person has to be cognizant of what they’re signing in order to appoint a POA. Then, when that person is no longer capable of making decisions, the POA goes into effect.
You may may want to explore legal guardianship of this is the case. If you don’t want either, you’ll need to make her a ward of the state, or if you have siblings, talk this over with them.
If your mother does not have the capacity to make decisions she doesn't have the capacity to create a power of attorney either; so at least that's one thing you don't have to worry about.
Your mother's property needs to be sold, and then the money will be used to pay for her accommodation... where? Is she currently living in the property she needs to sell, or has she already moved out? If she is already in a facility, perhaps the administrators or managers can point you in the direction of good, experienced legal advice.
She is living with me, her daughter. Her house is not fit for her to live and she cannot live by herself anymore. Her house is deteriorating cause of lack of mantainance. Need approx $10k to fix it. Cannot get a loan because she does not have the capacity to sign for a loan. I can’t get a loan because I don’t have a job. Everything is going like a vicious circle without solution. Thought that a POA could help for a solution.
Liana, time to make an appointment with an "Elder Law Attorney" who can give you suggestions on how to sell the house.
Are there times during the day where your Mom tends to be more alert to what is going on around her? If yes, then an Elder Law Attorney could draw up a Power of Attorney, if it is needed, with your Mom answering the required questions, such as who she wishes to represent her as Power of Attorney. Schedule the appointments around the time of day where Mom is more alert.
If Mom doesn't have a Power of Attorney, that could also mean your Mom doesn't have a Medical Directive nor a Will. Both are very important. See what you can do.
Liana56 Hello! Based on the information you've posted.... The most important question I have is... Has your mom been found, legally incompitent? This means in and by a Court of Law. There needs to be 2 drs. Mental evaluation, Assesement, Diagnosis. A Judge needs to hear the facts, your mom needs to have legally an appointed attorney, if she can't afford one, as her human right. Judgement needs to be ruled by the judge in an agreement with the attorneys for Incompitent Descision.
Ay ay ay, Liana. Sheesh what a pickle, you poor love.
It's a bit of a hit or miss option depending on how well set-up services are where you live, but it can't possibly hurt at least to put in a call to your local Area Agency on Aging and see what help they suggest. They might direct you to free legal services, for example. In any case, you certainly won't be the first or last person to be in this position.
It's more a Catch-22 than a vicious circle - you can't get a job while your mother is living with you and needing full time care, but not having an income, or being able to release the capital in your mother's house, makes it difficult to move forward on getting her and yourself the services you need.
The thing is. You say you don't want POA; but why not? And if you don't want POA, are you going to feel any better about guardianship?
If mom were in a facility they could pursue emergency guardianship that would allow them to deal with mom's assets, the home, and sell it to pay for her care. If you don't want POA you definitely do not want guardianship.
Mom, do you want me to sell your house? Yes or no?
There is a specific real estate Durable POA. It is only for that one property, address, legal description on the POA. One time use.
Talk to a Title company about the requirements in your state, they will know as they are saying they checked out the property and are guaranteeing clear title. They don't get it wrong or they pay.
i ended up going the guardianship/conservator route. Had to get a lawyer and the process took over 3 months and almost $3K. But it made the real estate process iron clad for me. No institution, the county, banks etc. could question or deny the G/C. My mom died during the process but The sale went through and I have funds to care for my dad who is in memory care.
guardianship means you are responsible for her care, medical, housing etc. Conservator is the financial stuff. You’d use her money to pay for her care, bills and so on. In my state I have to file reports each 6 months. Takes a little time but it’s not overwhelming.
as to the house, I recommend selling AS IS. My folks place was a wreck. I got the personal stuff out, did a basic clean out of junk and nothing else. I could have spent $10K on a house that was basically a shove down. No sense in that.
You may may want to explore legal guardianship of this is the case. If you don’t want either, you’ll need to make her a ward of the state, or if you have siblings, talk this over with them.
Your mother's property needs to be sold, and then the money will be used to pay for her accommodation... where? Is she currently living in the property she needs to sell, or has she already moved out? If she is already in a facility, perhaps the administrators or managers can point you in the direction of good, experienced legal advice.
Are there times during the day where your Mom tends to be more alert to what is going on around her? If yes, then an Elder Law Attorney could draw up a Power of Attorney, if it is needed, with your Mom answering the required questions, such as who she wishes to represent her as Power of Attorney. Schedule the appointments around the time of day where Mom is more alert.
If Mom doesn't have a Power of Attorney, that could also mean your Mom doesn't have a Medical Directive nor a Will. Both are very important. See what you can do.
It's a bit of a hit or miss option depending on how well set-up services are where you live, but it can't possibly hurt at least to put in a call to your local Area Agency on Aging and see what help they suggest. They might direct you to free legal services, for example. In any case, you certainly won't be the first or last person to be in this position.
It's more a Catch-22 than a vicious circle - you can't get a job while your mother is living with you and needing full time care, but not having an income, or being able to release the capital in your mother's house, makes it difficult to move forward on getting her and yourself the services you need.
The thing is. You say you don't want POA; but why not? And if you don't want POA, are you going to feel any better about guardianship?
Sounds as if a facility may be the only option.