Q: Can I buy a home for my mentally challenged sibling?
My dad is wanting to purchase a home. The problem is his only income is social security in the amount of $735 a month. He previously spoke to a real estate agent and was told he should look for a co-buyer preferably someone who would live in the home. My sister who would live with him also receives ssi. Here's the problem my sister is mentally challenged. I have power of attorney and I handle all of her affairs. I would like to know whether it's possible for me to act on her behalf in purchasing a home? Or whether she would even be able to be a co-buyer. Would I have to get guardianship or conservatorship to be able to purchase?
A: There is a question as to whether or not the POA for your sister is valid if she is mentally challenged. You'll want to contact a guardianship attorney to make that determination first. If the POA is valid, then you theoretically could purchase a home on her behalf. The terms of the POA will control though - again, run it by a guardianship attorney.
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