Q: My mother and I own a home in Alabama. My brother wants to buy it. Our mom suffers from dementia. Mom and bro there.
My brother has been the caretaker of mom for the last 5 years. It makes sense to sell him house. I live in NY and mom can no longer make decisions. What should I do?
A:
If your mom is on the deed, she will need to be able to sign at any closing. If she no longer has capacity, then someone will need to sign for her. In order to be able to do it for her you will need a Power of Attorney, if you have one, and if not, then you would need to go to court to seek permission.
You may want to consult an elder law attorney prior to any sale. If your mom is going to need nursing home care in the future, how you structure the transaction may affect her ability to receive Medicaid assistance. Good luck.
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