Selling Mom's Home Using POA When She Seems Lucid

weareallunique

Crushed— but if the agent is only active because the principal is impaired and yet the agent must ask the impaired person what they want —-that defeats the entire purpose of having the document.

Under your theory every time the principal says 'I want to go home' we're supposed to take Mama back to Budapest? That isn't safe or financially prudent.

If the principal is healthy mentally and on a 6 month hike in some mountain range - yeah selling the family farm and buying bit coin while they are gone is a no go. Unless they said they wanted that before they left.

But for a principal who is fading and making unsafe choices it seems absurd to just watch them fritter everything away . Be like letting someone light matches in a firework factory.

" Long as she knows how to open the flap and strike, she must be okey doke."

I'd never accept being a DPOA. under your theory.

I do agree if the patient is still very vocal and expresses strong, if imprudent ideas, and there is enough money involved where they could attract scammers then pursuing a court to declare incapacity could be necessary but if a lawyer says the DPOA and medical records seem in order I'd leave court action to the principal. Especially if no family member is opposed to the agent or their proposed actions.

If patient can't get it together enough to get , inform and work with an attorney to remove the agent's DPOA status well there you are. They self-identified as not functional through their lack of productive action.

I really hope your reply didn't turn folks off of getting an elder law consult in the early days figuring - well if I have to go for guardianship in any case , I'll just wait.

Congrats on the 50 years .