San Diego, CA asked in Real Estate Law and Estate Planning for Oregon

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!

1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.