Q: Can father donate home if mother has dementia and unclear POA?
My father holds power of attorney for my mother, who is suffering from dementia. My parents jointly own their home in Louisiana. My mother may not have fully understood what she signed regarding the power of attorney. Can my father donate their home under these circumstances, both with or without a valid power of attorney?
A: Based on your post: (1) father can definitely donate his interest in the home; (2) as to the interest owned by your mother---if the power of attorney signed does not allow for this type donation/transaction, then then father cannot---you have to review the language of the power of attorney document and see if this is allowed; (3) if the document does allow for this type transfer then if the document is otherwise in proper form and properly executed, then the father , as power of attorney, can donate your mother's interest. That said, one can challenge the power of attorney based on your mother's capacity at the time of her signing and if one prevails, then the power of attorney has no effect. If this is the situation then one should challenge it now as opposed to after something has already been done pursuant to the power of attorney.
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