Follow
Share

My dad is is on hospice, has cancer, and was given less then 3 months to live. I have a family member that wants his house. I am going away for three weeks and I’m concerned that family member will have my dad sell his house to him while I’m gone. I have both financial as well as health POA but who would know that if he chooses to sell his house to this family member. How can I stop this from happening while I’m gone? Do I notify the mortgage company that I’m POA and nothing is to be done with this mortgage without me (as POA). My dad is weak and tired, he’s concerned about his care and this other person may try to take advantage of this.

Oh no, i do know/not surprised :)
i have one of those family types too.
i was just pointing out - maybe that person needs to be told to back off. maybe they can agree its not the best time. from the original poster im not even sure the dad is living in the home or is in the hospital(?) But either way, i kinda know from experience that person will have some sort of ~excuse~ why they think its acceptable.



edit to add

if i knew someone was going to do that to me, i would not leave town. however i guess they could do it behind someones back. (my moms home is in trust. im trustee tho.)
Helpful Answer (0)
Reply to wally003
Report

Wally003 yes you would be surprised. My BIL and his wife had my MIL co-sign for their mortgage right after she went on hospice. Since she was home bound and unable to leave the couch, they had everyone come to her house so she could sign the papers!
Helpful Answer (0)
Reply to worriedinCali
Report

Wally 003 — you’d be surprised. My grandma was in a facility for about 8 years. She’d had a series of strokes. As my mom was getting grandma situated at the facility, her brothers were emptying my grandma’s house. They’re like locusts. Later I went up to grandma’s house. I wanted a portrait circa late 1800s of a great great great aunt. It was there, undisturbed. There was a picture of an angel protecting two little children in a frightening environment. It was there. The Depression Glass dish set was gone. So I know who has it.

Twenty years later, the relatives left living are hassling us again. They want a sizable piece of timbered land. I have my mother’s will and the land deed. Apparently the most aggressive uncle, who’d hung around a year stirring the pot, has disappeared. He either got what he was after or he failed. I suppose I’ll find out eventually.

My mom, who has dementia, recently warned my daughter about ‘how people can get when money gets involved’. She makes more sense than all her relations even when she has moderate dementia.

I swear I’ll claim my land if we all stay in court until 2023!!! The deed is in my name.
Helpful Answer (1)
Reply to HolidayEnd
Report

I don't know who/what kind of family member is who is wanting to purchase a persons home when they are dying of cancer. Do they really think its an appropriate time to be talking about this. ??! Are they beyond having a conversation with?(i mean the family member)
Helpful Answer (2)
Reply to wally003
Report

Is it a durable POA or a springing POA? A springing POA may require a doctor to declare him incompetent. A durable POA may give you broad enough powers to at least notify the mortgage company that title should not be released without your authorization. I would assume that any closing process would take longer than three weeks, so that you can deal with the problem when you return.
Helpful Answer (1)
Reply to AlfredR
Report

Denise, a mortgagee wouldn't stop a sale or even be in a position to do so until a purchase agreement has been signed. If it tries to intervene, I think the only way it could stop the sale is by refusing to accept payoff of the mortgage, thus preventing the purchaser from obtaining clear title, subject to possibly another loan if the purchaser can't discharge the existing one completely.

However, I doubt that any mortgagee would refuse to accept a payoff of its loan, nor would it become involve in an individual mortgagor's affairs, especially given that there's potential family strife.

This could be a challenging situation. A few thoughts though:

1. Therapeutic fib to your father advising him that he doesn't need to worry about funds, that Medicare will pay for all the hospice bills. He doesn't really need to know the real details. That might discourage him from considering the sale. But the relative could also fib and contradict your fib.

2. Is your father in a facility or at home? If he's in a facility, you could ask that all visitors be screened and this relative be prevented from visiting. But that puts a burden on the staff, and the relative could easily give a false name when he signs in.

3. See the attorney who drafted the POA, ASAP, and ask about a temporary assignment of authority to someone else while you're on vacation. It would be a limited authority only, just to prevent the sale of any assets.

Your father might not understand the limitation though, and the relative might not either, so a purchase agreement could still be executed. It would have to go through appraisal, a mortgage payoff letter obtained, and the relative has to be vetted for obtaining his/her own mortgage. That isn't going to happen overnight, but it could be quick.

5. Is there any chance you can reschedule your 3 week trip? If it's for business, speak with your supervisor and raise this issue.

6. You might be able to get a physician to provide a letter that your father is too ill to be seen or make decisions, but the issues arises of how to actually implement that restriction.

7. I really think an attorney's help is the quickest avenue though. I've thought of injunctive relief but I don't know if any judge would issue a TRO based on what might happen, especially since it doesn't involve physical harm.

I hope others have better suggestions; this is a challenging situation. I do understand your concern. I've been in somewhat of a similar situation, not selling the house, but rather preventing someone with less than honorable intentions from meddling.
Helpful Answer (3)
Reply to GardenArtist
Report

If dad is competent yes he can still sell the house. Does your POA require him to be incapacitated to be in effect? Unfortunately, if POA has not been activated our folks have the right to make their own bad mistakes.
Helpful Answer (4)
Reply to gladimhere
Report