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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 97521
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My Mom is in a seniors home, not of sound mind and body as

Customer Question

my Mom is in a seniors home, not of sound mind and body as per the psychiatrist in the nursing home. my brother wants to have control over the deed to the family home. The meeting is tomorrow with a social worker who is the commision of oaths & one of my sisters who will be the witness to have his name put on the deed. What can he do when he has his name on the deed, what if any rights does my mom have if he wants to sell the home after his name is ***** ***** deed? She has 10 children & where do they all stand, is the deed to the land & not the house or both??? Please help.
My mom is in Newfoundland.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
Who is appointed under the Power of Attorney, if there is one? How do you know this is what is supposed to happen?And what is the point of your brother going on the deed? Are you saying that the social worker believes your mother is mentally competent?
Customer: replied 1 year ago.
There is no POA. This was told by the family member who is going to be the witness. I have no idea why he wants the deed to the house or land. What can he do if he has the deed? She was diagnosed with mild dimentia in October 2014 by a Dr. MIchaels who saw her at the local clinc at the time & this was because she was going in a respite home for a 2 week trial but on Nov. 9/2014, she had a siezure/mini stroke & got sent to the hospital for a overnight stay, realeased after 2 nights but agreed to stay longer in continuing care until a long term position became available which has. she has a brain tumor, afibulatr heart condition, high blood pressure, diabetic & has been prone to in the last 2 yrs to have siezures/ministrokes. Her last one was in January 2015. I just dont want everything taken from her in case by the grace of god she becomes able to live an everyday regular life. Just hoping. She is 85. What options do we have as other members of the family to help her if all gets taken from her.
Expert:  Legal Ease replied 1 year ago.
Is she competent to make decisions and if so is this her decision?
Customer: replied 1 year ago.
no she is not competent .
Customer: replied 1 year ago.
this is not her decision,
Expert:  Legal Ease replied 1 year ago.
Then this cannot happen and some of the facts are not even making sense. There is no way to simply add a name to a deed. There needs to be a transfer of title. So your mother would transfer title from herself to herself and your brother. Then a lawyer has to register it on title. There are many forms and there is land transfer tax to work out and pay as well. If there is a mortgage this all needs to go through the bank as well.And in any event your mother is not competent to do this at all. And even if there was a POA that could not be used as that is only for decisions and steps taken that benefit your mother and not the estate or anyone else. So this cannot go ahead at all.And at this point your mother cannot sign a POA either. Does that help?
Customer: replied 1 year ago.
thanx so much...
Expert:  Legal Ease replied 1 year ago.
You are very welcome.

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