Parent in Assisted Living w Dementia – Need to Sell home?

UPDATED: Sep 30, 2022

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Parent in Assisted Living w Dementia – Need to Sell home?


My mother is in an assisted living home and has the onset of dementia. She has a home in which is left to me in her will. How do I put the home in my name so that I can rent or sell it to help pay for her future expenses?

Asked on April 20, 2017 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she gave you a power of attorney (POA) before her dementia set it (i.e. while still mentally competent) giving you authority over her house, you could transfer, sell, lease, etc. it. If she did not, then if she is now mentally incompetent, you would have to apply to the court (the chancery court; a division or part of county count) to have her officially declared incompetent and have you appointed as her legal guardian--once that is done, you will have the power or authority to act in regards to the house. This can be a complicated thing to do, procedurally, and you have to make sure you have the proper evidence (e.g. doctor testimony) to support a determination of incompetence; you are strongly advised to consult with an elder law attorney, who can help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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