Is it necessary to have guardianship to sell our parents house if they have Alzheimer's? - AgingCare.com

Is it necessary to have guardianship to sell our parents house if they have Alzheimer's?

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It is already stated in the will that the children will have authority if our parents are no longer competent to handle their affairs.

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i am in the process of selling my parents home with a POA. The realator looked over eveything and said it should be no problem. My dad has ALZ but mom is still mentally sharp. I hope she is right!
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See you can learn something all the time, I had no idea you could use a will this way, live and learn.
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I have lived in the home for 17 years with my children- I paid the mortgage for the first 9 years- my mom/dad paid for the property taxes and Insurance. I have been underemployed/unemployed for the past almost 8 years- they have been paying mortgage/property tax/insurance- for this time period.

I have paid for most of the repairs to the home- recarpeted, painted, etc- pay all utilities and costs affiliated with running a home- gardener, etc.

Now she is acting as if I have just been a renter-
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Yes, you need an attorney. I am in Arizona...and not a legal expert, but have knowledge of someone who shared a house for 20 years with another, who recently died, and because he lived in the house, helped pay for all maintenance and the mortgage and expenses of the house, he would be, in AZ, legally able to keep this house, even though there are other family members. Seems like you would have some rights to ownership, having lived in the home for 17 years. ??A mortgage ??property taxes ??maintenance expenses who paid those? That may have some bearing on it all. What is relationship with your siblings? Would they really put you out of the home if it was to be 1/3rd everyone's. And if this happens, then should you not be entitled to 1/3rd of all other assets left, since the house is not 'your inheritance' any longer? Only an attorney can advise....these are just questions coming to my mind if I were sitting in your place and hearing this news.
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My mother called a family meeting together to discuss her and my fathers will/trust. There are issues that are coming up that I deem inequitable to me- my father now has dementia and can not speak on my behalf- we made a verbal agreement 17 years ago when my parents purchased a home for myself and my two children - (I went through a divorce and would otherwise have been left homeless) The agreement was that my home would be "MY and MY children's inheritance" - and now she is trying to say that we have had a landlord/tenant relationship- so that when my parents are deceased "my" home will be assessed and its value will be split in 3 amongst myself, my sister and brother- I would like to know if anyone has gone through something similar to this- where one parent is no longer able to have a voice due to dementia- so the other parent is overruling the terms of the agreement- Unfortunately the agreement was verbal = I was never able to get my parents to put it in writing.... All advice would be greatly appreciated- I believe that I need to speak to an attorney- Thank you,
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If it is in the Will, then take that to the bank so to speak. You will be signing in their name with their Will as your POA. Get a good realtor with a great title company to handle the sale.
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I have durable power of attorney for my mother and we were able to sell her house using that. As far as guardianship, I have no idea. You will need to see an elder care attorney.
The Medicaid penalty period for my mom's house was 1 year because of it's value. That is why I have to wait 1 year before I can apply for Medicaid for her.
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I would wonder if Mountain57 has actually seen the 'will' or just had the parents give this info? I say this because when I took over my parents affairs, THE packet of legal info I received, as my original copy, had the will, the trust papers, and both the medical and durable POA for both parents with instructions. I would think if an attorney made up the 'will', it would have been done correctly for the state they live in. A whole new issue, if they made up their whole will though. I would think an hour with an attorney would be well worth the money, or call your council on aging to ask if there is any free legal aid for the elderly in your area, if the parents really cannot afford it....
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Im in the same boat except my Mom and Dad are alive but Dad has dementia.I have been doing their bills and picking up prescriptions,doc app.,everything but I dont know where to begin they dont have the money for an attorney I got all the paperwork from an office store.The POA.health surogate will but I dont know where to take it.Someone told me I have to go to the courthouse and have everything recorded.Is this true?Also how do I find out all my questions I have asked on this site were are the anwsers Thank you
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This is a very good example of how some preplanning would have solved the Problem. However it is not 'Legal Advice'....

1. setting up Durable POA's which extend into 'incapacity' would give power to sell or transfer.
2. There is a problem with both MEDICAID and Veterans Benefits in these cases:
A. Since no valid transfer of the property took place at least 5 years prior, the property is likely subject to MEDICAID Look back / estate recovery. If this is a Medicaid event or could be later...
B. The sale of the house in Parents name would probably affect VA eligibility, could lead to disqualification/payback demand.
C, Setting up the Durable POA BEFORE an incapacity diagnosis, should eliminate the guardianship event, and problems that Maria referred to.

I have assisted countless families in the Metro Atlanta area,
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