Is it legal for a person with Dementia to buy a house? - AgingCare.com

Is it legal for a person with Dementia to buy a house?

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Hi, I don't know if anyone here can answer this question, but I'm freaking out a bit (I have an anxiety disorder, by the way). My brother, myself and my mom just bought a house. My mom has Dementia and we all live together, and my bro and I take care of Mom. Anyway, the thing is, my mom signed all the papers to get the house and it's in her name (otherwise we would have had to pay gift taxes if it was in my brother's and my name, too). I'm freaking out 'cause I'm wondering if it's legal for a person with Dementia to do all that. To buy a home. I don't even know that she understood what she was signing. So, I think - was she actually lying (not purposely, of course) in reality if she didn't understand what she signed? My brother took care of most of the business of buying the house, but it was my mom's money that bought it, and she signed all those papers. Is it legal??

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Courtney, unless Mother has been adjudicated to be incompetent, she has the power to enter into any legal contract., period. Suggest you talk to an Elder Attorney, usually the first consult is 'free'. Be prepared. List specific questions and stay on track.
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Thanks for your answer, Courtney!
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Well technically, no. A person who is unable to understand a contract shouldn't be signing it. So if problems arise with the house, loan, or living arrangements a court could question her capacity to understand the documents she was signing. But what I think you are saying is that you, your mother and brother are all living together in the home and everyone is happy with this arrangement. If this is the case, and no problems have come up, just continue living there and don't worry about it. If you think she was taken advantage of in some way, like overcharged for the home or loan, then you can contest the contract for her.
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