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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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