San Antonio, TX asked in Real Estate Law, Elder Law, Probate and White Collar Crime for Texas

Q: How difficult is it to have a real estate transaction voided based on the buyer's mental incapacity at the time.

In 2015 my Dad's wife said he had Alzheimer's so I would watch him at my apartment while she was at work because she said couldn't leave him at home by himself. His wife remarried him right after she found out he was getting a disability settlement from the VA. As soon as Dad got the money she had him buy a house for her in Mar 2016 on his GI bill with no $ down and the $ he received from the settlement she spent on renovations, furniture, Cadillac, etc. In Jan 2017 he went to the ER and was diagnosed with Parkinson's disease that had progressed to the point where he could not walk and had difficulty speaking. She forged his medical power of attorney in 2015 and kept his children from having any info on his health and restricted our access to Dad. When hospital realized POA was not valid they rescinded it, so she signed a DNR which was not his belief. She starved him; he entered nursing home and gained 15 lbs first month; died weighing 108 lbs. Multiple reports to APS in past.

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Few lawyers can guesstimate the difficulty. So much depends on the documents, the witnesses, etc. If you would like to ask a local elder lawyer who litigates elder fraud to discuss the possibilities with you, please use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (

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.