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?
Have you spoken to the lawyer who is involved on your behalf in this transaction?
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?