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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16152
Experience:  Licensed Texas General Practice Attorney
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My sister and brother are selling my dads house to a friend

Customer Question

My sister and brother are selling my dads house to a friend of theirs. Dad is still alive and doing well other than having dementia. He is in assisted living and has plenty of cash to be supported here for awhile. Can they carry out transactions without involving me. my brother convinced dad to change all poa responsiblility to him a few months after moms passing. Mom and dad did have a will trust etc in place for years that didn't give him any responsibility because he has always been frivilous with money and constantly borrowing from them. He is currently homeless. What are my rights in transactions such as this as a sibling?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. To be entirely honest, as it stands now, you don't have any rights. That is, a power of attorney over financial or health matters is presumptively valid, unless someone challenging that POA can establish that the person giving that power did not have legal capacity to know what he/she was doing. Now it's possible that you can go to court and get a guardianship established over your father, showing that his competency was impaired due to dementia when he signed the POA, and thus be able to rescind transactions that they entered into on his behalf. But until then, the POA (and thus the transactions) will be considered to be presumptively valid.

You can go to your county's family law facilitator to get assistance with filing for guardianship: http://www.courts.ca.gov/selfhelp-facilitators.htm

Again, you don't have any rights merely by being his son or a sibling to be involved in these transactions. The POA leaving you off would be the presumptive legal relationship, and that would only be able to be changed by a court ordered guardianship.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!