Father is terminally ill and mom has dementia and was declared incompetent. Can mom still sign for the sale or transfer of vehicle’s title since my dad is physically incapable now?
In Florida when the title says “or” It means that either of the owners can sell the car. However your MIL cannot sign for the sale of the vehicle because she was declared incompetent. Only your FIL can sign. He can also give general or limited POA to you or your spouse which would allow you to handle the sale of the car and sign the title over.
Incompetent mother cannot sign by the way. Were you going to have father sign? And if on Medicaid there may be gifting questions depending on who buys and sale price vs blue book value of vehicle.
Thanks, btw, MIL has 2 kids from previous marriage that were able to make her sign a SPA so they could handle her affairs prior to legally declaring her incompetent. We are worried that they were able to transfer the ownership of the car without us and our father’s knowledge. They have been very sneaky since my FIL got very ill and we believe that they took advantage of it. We are thinking of going to DMV to have it checked. We have the original title and documents. Can they change the ownership without the original documents?
Thank you, that's what I know too, I just want to make sure. We are very worried that the 2 kids of MIL from her previous marriage were able to transfer ownership of the vehicle without my FIL’s knowledge. We have the title and all the original documents and the vehicle as well. We were surprised one day when my MIL’s son showed up and was demanding to get the car from us we are safekeeping. He has always been eyeing for the car even before my FIL got very ill and MIL’s dementia worsened. He said his mom can't drive the car anymore and so as our FIL. He was talking as if he is the new owner of the car. My FIL would never want him to take the car even up to now when we told our FIL what he did, showing up by surprise. We will definitely be checking with DMV if he was able to make the sneaky transfer of the car’s title to his name even without the title.
It means that either of the owners can sell the car. However your MIL cannot sign for the sale of the vehicle because she was declared incompetent. Only your FIL can sign. He can also give general or limited POA to you or your spouse which would allow you to handle the sale of the car and sign the title over.