Honeoye Falls, NY asked in Real Estate Law and Elder Law for New York

Q: My husband was just hospitalized with dementia and will not be coming home. What are my options for selling our home?

The doctors tell me he does not have the capacity to handle legal matters, including health proxy, etc. and probably cannot sign off on a mobile home sale. Can I legally sell the property on my own? I really do not want to live here without him, so would look into a senior apartment. It is my understanding that Medicaid will cover his expenses for the nursing home. Thank you for any help you can offer.

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • New York, NY
  • Licensed in New York

A: If you have a durable power of attorney, you should be able to proceed with a sale. However, if you do not have a durable power of attorney, you would need seek appointment as your husband's guardian before proceeding.

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