Hancock, MI asked in Real Estate Law for Michigan

Q: what do I need to do to sell a home jointly owned by me and my incapacitated mother?

My Mother is suffering from Alzheimer's Disease and the general POA that I have will not cover selling property.

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2 Lawyer Answers

Thomas. R. Morris

Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: You will need to have a conservator appointed by the probate court. The conservator could potentially be you.

David Soble

PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: Having a conservator appointment by the court is probably the best approach since this is an issue of legal capacity and you as a joint owner, have a position of influence over her. However it should be known that someone who is diagnosed with dementia may still have a sufficient understanding of the document that they are signing and the document's effect. Each person's situation is different and so an evaluation by a medical professional as to what that specific person is capable of understanding is important.

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