I have enduring power of attorney and am the executor for my parents wills (dad age 89, mom age 81). My sister, who has been living in my parents house for the past 19 months since my mother is in long-term care and father is in an assisted living facility, pays a nominal sum for rent. When she moved in December 2010, it was meant to be a temporary arrangement agreed upon by our father because she was in the process of a divorce and not in a position to buy her own place. Now that the divorce is settled, she wishes to buy the house at a reduced cost (city assessed value instead of market value). She has also, at her own discretion, decided to keep our father's van that was to be lent to her during her divorce settlement. Our father, who has diagnosed heart failure and is in failing heath has somewhat agreed to her proposal. However, he is also in failing cognitive health and has memory issues relating to his advanced age. My sister is a very forward individual and can be a somewhat forceful person. I am afraid that she has persuaded my Dad to commit to something he doesn't fully understand. Is there any legal means of preventing this transaction as it seems to me she has already taken advantage of his weakened state for her financial benefit the past 19 months not having paid a real amount in rent and having a free vehicle for her use.
Country relating to Question: Canada
Is your father mentally competent to make decisions about his finances now.
Why does your sister feel she should get a break on the price?
My father has entrusted me to manage his financial affairs because he realizes he is no longer fully capable to do so.
I'm not sure exactly why my sister feels she is entitled to a break on the price.
I however feel that she fully realizes that our father is not in a position to argue with her.
S if your father is not competent then he cannot sell his house.
Only you could do so.
And you can do so only if the sale benefits him.
In fact you could not give your sister a break on the price as that benefits her and not him
Is that legally enforceable? Is it within my rights to inform her that she cannot make any agreements on the sale of the home without my consent? What happens if my father feels he is in fact capable of making this agreement with her? She has repeatedly stated her case to him that it is to his benefit (among many other reasons that she has told him) to sell the house to her because neither would pay realtor fees.
She is making money off your father and that's clear.
If he says he is competent you have to have him assessed by a geriatrician.
His level of competency is such that he feels he is "helping" her because she has recently gone through her second divorce and needs a "break". However, she has made it abundantly clear to me that she has more than adequate post-divorce funds as well as a generous salary from her job. I can and will have my father assessed if necessary, though it would create an enormously delicate situation between all of us. That said, I am clearly concerned that my parents are treated fairly and receive what is rightly theirs. Thank you very much for your advice and insight -- much appreciated.
You are very welcome.
I am sorry you are stuck in this difficult situation.
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Me too ... it's a sticky one that I hope gets resolved without too much conflict.
I will definitely rate you before I sign off. Thanks again.
I hope so.
Take good care.