Lincolnton, NC asked in Elder Law for North Carolina

Q: My friend is in a Nursing Center and her daughter sold her house 10 days ago. Can she do that? No notice of eviction.

About 7 yrs ago, my friend's daughter convinced her to move here. She sent her $5000,00 down payment on the house. The daughter handled the paper work from this end. Three days after moving here, my friend was devastated over the loss of her husband, she did not think to look at the papers that was signed on the house. Within this same time frame, the daughter sold my friend's car. Her daughter makes threats to get her mother to do what she wants. My friend has paid for all home repairs since moving here. When my friend had her first hip replacement. There was no problem with her coming home. She had savings and paid all the household bills. My friend called me @ 8:am and ask if I or my husband come and get her a drink of water. My went and found my friend sitting in a recliner, where she had been for 2 days or more sitting in her own waste. He called me and I went to help her. Her son-in-law saw us there and he came running over. My friend has no where to live.

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1 Lawyer Answer
  • Estate Planning Lawyer
  • Cary, NC
  • Licenced in North Carolina

A: It is unethical to discuss your friend's legal problems with you.

First, no one knows what your friend signed 7 years ago. If it was a power of attorney in favor of the daughter, it can be revoked by your friend. If your friend signed over the deed to the house to the daughter, that is a different problem and would require a lawyer to file a petition to rescind the deed, although that is not likely to succeed after 7 years.

You indicate that your friend is in a nursing center but then your post suggests she is at the daughter's house sitting in a recliner. Which is true? If your friend was in a nursing home, she would not be sitting in a recliner in her own waste. However, if she was, the nursing home would be negligent and you should report this to DHHS, which oversees...

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