Mom (89) has dementia and is saying she's going to sell the house. Can this be legal if realtor had her sign papers, being she has dementia? - AgingCare.com

Mom (89) has dementia and is saying she's going to sell the house. Can this be legal if realtor had her sign papers, being she has dementia?

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Also if mom has received any Medicaid paid for services -like a community based medicaid program - the State is required to do an attempt of recovery of any & all payments paid for her participation in the program from her assets. Medicaid estate recovery is required to be done & a claim or lien is placed against her assets of which her home will be her main asset if she is like most elderly. Estate recovery is NOT just limited to NH care but a whole list of Medicaid programs for the elderly. Often the lien or claim comes as a surprise at closing as it doesn't show up till title company does its search. Some states title companies are now routinely requiring a verification of Medicaid lien / claim status on all sales with sellers over 55. If you google "stargazer merp texas", there is a great articke that explains the title issues. So give some thought if this could be an issue. Often Realtors -like the elder & thier family - are unfamiliar with the whole required claim or lien placement by Medicaid.
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Reyes,

Are you and your loved ones living with her? If that's the case, the desire to sell isn't a sign of dementia but an indirect notice you should start packing.

There are also homeowners who think the Grim Reaper is around the corner and want to have a blast regardless of where they end up. They never got a chance to enjoy themselves and aren't going to take their house with them, so why not sell it?

This might be a stretch, but I've met parents who don't want to leave their children anything and would rather sell their property and have a good time for a change. It's their choice.
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If the Realtor found your Mom to be of clear mind then I don't see anything wrong with your Mom signing the listing papers. Now, if your Mom does have dementia to a point where she usually isn't thinking clearly, then you would need to notify the Realtor. Maybe the Realtor caught your Mom during a clear loop.

Otherwise, if a Realtor notices a homeowner isn't thinking clearly they would excuse themselves from this Listing, hopefull the homeowner can give the name and phone number of a relative for the Realtor to call to find who is the Power of Attorney and talk to them.

It's hard enough dealing with a clear thinking person through a stressful sale and move, a Realtor wouldn't want to waste their time and energy on someone who would be extremely difficult when it came to understanding all the paperwork involved through all the different steps.
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Your profile says Mom has "general age-related decline." This says she has dementia. Has she had a medial diagnosis of dementia? How severe is it?
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igloo ,
malarkness ..
in indiana , and i hope many states , a demented person is permitted to make financial decisions until the time that they are deemed incompetent -- and that is a rarity .
i would hope that in my final months i can make extreme decisions for myself , even while flicking boogers at the judge . after all , the judge will be 60 yrs old whilst im 75 .. he ( she ) hasnt the right to question my judgement ..
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So many issues here......so is house bring sold for fair market value? Does she have a plan on where she is moving to once house is sold? Is house actually sold or did she just sign off on listing agreement or a Realtor contract & if so for how long (3 mos, 6 mos)? Does someone have DPOA for her & if so what is thier position in all this?

If your asking this cause you want to queer any sale - for whatever the reason - I do have a suggestion for you to do this:
Either you as her child &/or a future heir or you or her DPOA can send over both a fax & a certified letter to 1) the Realtor, 2) the home office of the Realty group that this Realtor is affiliated with (like Caldwell) & your local Realtor group (like for TX it's by affiliated counties, like San Antonio area has SABOR) & then the state board for Realtors. In the letter & fax, you keep it simple and state that it is your understanding that Mary Jane Smith of 12345 Apple St., Whatsamatta, USA aka parcel # & PPIN # (these you get from county records & you must put theses details in the correspondence) has Dementia & is not competent nor cognitive to handle her affairs or make a determination on fair value or enter a contract. And that this letter / fax is notification that any listing agreement, sale or negotiations on the sale of the property will be contested by you & or other family members. and that any continuation of contact by the Realtor will make you contact APS (put their address for your city & this you can get from your Area on Aging) to ensure the safeguarding of your mother. The letters get sent out certified mail with the green return receipt postcard - the combo will run under $ 8.00 @ USPO and is legal so can be entered in court.
It is the nuclear option, it will work. But as it is the nuclear option there will be fallout which you must be prepared to deal with and follow through with.

If the Reator ignores you. You call them and tell them that as they have received a certified letter from yiu and you have the return registered receipt, that they are aware of the issue and so you will send a copy of the letter and their RRR signature to all Realtir groups doing business in the county., Property will be redlined internally by any decent Realty group. Realtor is pretty well toast on ever selling this property. Good luck!
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