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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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My father has recently been placed in assisted care in

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My father has recently been placed in assisted care in Toledo, OH. The move to assisted care was his idea. He owns a home in Monroe, MI, and has told his children that we are to take care of everything regarding the sale of his home and his remaining belongings that are left in the home. He has dementia and has had several strokes. He has been told by doctors that he cannot drive. We listed the house a week ago and have a solid offer which is to be presented tomorrow. My brother holds his durable power of attorney for both health care and all of his finances except for taking money out of his trust. The realtor has had several bizarre phone calls from my father about destroying the swimming pool before he will let someone take possession, even though the people who want to purchase the home want the swimming pool. There is nothing wrong with the pool. I live in Illinois and have spent the last several days cleaning up his house for the realtor's open house today. My dad is now saying he is going to have me arrested for being in his house and that I had no right to clean his house. He also said that he is going to have anyone arrested who comes inside his house. He is making many bizarre statements to the people in charge at the facility in which he is staying. He also is not wearing the alert button that the facility requires of their residents. The facility is approximately 30 miles from his home, he cannot get around without the assistance of a walker, and he has exhausted his list of relatives to call to try to get someone to take him to his home to get his vehicle that he is not supposed to drive. We have removed the vehicle from his residence and have begun proceedings to have his license revoked but the process takes several weeks. Now that I have laid out most of the details, my questions are regarding the durable power of attorney: Can my brother sign an offer on the home without my father's presence and can my brother change the name on the title of the vehicle so that he can sell the vehicle? We have offers for both items and need to get back to the realtor and to the buyer of the vehicle by tomorrow. I would appreciate an answer soon. Thank you.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your situation. I have family both in Toledo and Monroe so I hope that you are staying cool this summer. Nonetheless, the answer to your question is yes, your brother can sign an offer on the home without your father's present. The reason is because he has a durable power of attorney that would allow him to make those specific decisions. Your brother would also be able to change the name on the title as well. A durable power of attorney allows a person to make Healthcare in financial decisions on behalf of the elderly person. So long as the power of attorney was entered into while your father was lucid and he had the capacity to sign over his rights, then your brother would have the ability to do so. It is probable that your dad may not understand everything that's going on at this point especially if he is going through dementia, but do your best to try to document everything that verifies that your brother has the authority to make these decisions.

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Customer: replied 3 months ago.
Ok, I was 99.9% sure that is what you were going to say. Now my question is, what do we do about his calling the police? How do we handle that situation?

Hi, I'll contact you real soon.