Los Angeles, CA asked in Civil Litigation, Contracts, Elder Law and Probate for California

Q: How can I rescind the sell of a property?

How can I rescind the sell of a property? My is cognitively impaired. My brother had her sign a power of attorney. He sold my mom's home that invalid POA. The broker was fully aware of the POA . It has been proven that the broker had full knowledge that my mom's property was going conservativeship and, still, the broker and my brother secretly sold her home. The buyer did not qualify as a bona fide purchaser. I am still in possession of her home.

1 Lawyer Answer
Bruce Adrian Last
Bruce Adrian Last
  • Estate Planning Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: Dear Los Angeles:

If what you say is true, that your Brother had you Mother sign a Power of Attorney knowing that your Mother lacked capacity, then this is a serious matter indeed. Particularly if there is an "inside" deal involved. The issues is that your Mother, as the property owner, holds the cause of action which her conservator would bring on her behalf. (Or, if there is no conservator, the court can appoint a guardian ad litem.)

You should consult with an attorney right away. If you do not know where to find an attorney, you can try your local county bar association. Most local county bar associations in California have an attorney referral service that provides a referral to an attorney who provides a consultation for a small or no fee.

I would also discuss this with the Seniors Services department in your county and/or the District Attorney as the transaction may qualify as financial elder abuse. As always, time is of the essence in these matters.

Good luck.

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