Mom asked the family to put her home up for sale when she knew she was going into care. The house sold in the first week but now the contracts have come through and she hasn’t got Mental Capacity to sign them. The sale of the house is to pay her care home. We have no Power of Attorney, what will we do now?

We live in England a Solicitor is dealing with the sale of moms house Mom asked for the house to be sold in February as she was in a CareHome and cannot live in the house it has to be sold to pay her Care Fees she cannot walk now gets very mixed up and confused and for some unknown reason her dementia as got really bad in 3 months since she was first diagnosed we can’t get a medical assessment done due to the Country being on lockdown because of COVID
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Reply to Carola55

Just how did the house get placed on the market?
How were you able to get to the point of having an Listing Agreement and/or Purchase Agreement / Act of Sale done? Who signed off on these?
Has title company done a search? Any “clouds”? Or no search yet?
Did you or mom accept and deposit any “earnest money” from buyer?
Who has drawn up the Warranty Deed?
or is this some sort of more casual agreement to buy property?

Are y’all working with a Realtor?
or is this a FSBO (for sale by owner)?
or is this a sale to another family member or one of her neighbors?
please please tell me a Realtor is doing this..... & no earnest $ taken...

Any idea what stage she is for Lewy Body Dementia? My mom had Lewy, and for her, she stayed pretty Cognitive and competent till her later Lewy stages. Especially if it was the morning after a good rest, she was fine for going to the bank or grocery shopping or beauty shoppe or most things repetitive behavior. Could your mom still be capable to signing off on documents if a mobile notary were to come to your home?

to me what possible path to go depends on your answers to the above.
Out of curiosity, is property selling for whatever current value placed on it as per the most current tax assessor/ collector bill?
& if not, why not?
Helpful Answer (3)
Reply to igloo572

You need to get an attorney involved, preferably an elder care atty. Call your state Agency on Aging, they may be able to offer suggestions. Getting a guardianship will take months.
Helpful Answer (0)
Reply to sjplegacy

You might need to get guardianship.

Have you spoken to the lawyer who is involved on your behalf in this transaction?
Helpful Answer (1)
Reply to BarbBrooklyn
Isthisrealyreal May 7, 2020
Barb, most real estate transactions don't have an attorney involved.
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