Fort Worth, TX asked in Elder Law, Estate Planning and Gov & Administrative Law for Texas

Q: Can a Son of a terminally ill parent that is not of their right mind have a document signed to sell the parents home?

Even when close friends know it is not her wish.

3 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: If a person's dementia has progressed to the point that she lacks legal capacity to contract, the contract is void and the attempt to profit from it is exploitation of an elderly person, a first degree felony in Texas. Contact APS.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Yes if the son has a valid power of attorney or has been appointed as conservator of the parent. In either case the sale must be in the best interest if the parent, not the son. No if the son has neither a power or attorney nor conservatorship papers.

Tammy Lyn Wincott agrees with this answer

Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: If the power of attorney gives the right to sell real property then yes; sometimes, a person is appointed as agent for the sole purpose of selling property. If you feel like there is abuse (financial, mental, physical) then you should contact APS immediately.

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