Q: When purchasing land of deceased parents from son with power of attorney, what documents are required?
Mom is still alive and has alzheimer's, but she can sign if necessary. Son has power of attorney to sign for both of them. Thank you!
A: I'm afraid that the information you have given doesn't answer all the questions an attorney will need to ask to figure this out. What I can tell you is that a Power of Attorney is void as to the person who gave that power but is now dead. Also a Power of Attorney may be void as to a person that gave the power but is now incapacitated, ie has dementia, unless the Power of Attorney specifically states that it is a Durable Power of Attorney which means that it is intended to continue to be effective even when the person that signed it is incapacitated. Furthermore, this still involves selling the property that belongs to the surviving widow so even if she is incapacitated she still has ownership rights and tampering with her property could be financial elder abuse under some circumstances. So consult with an attorney and proceed with caution.
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