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I am selling my mom's she is still alive. She gave me in…

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I am selling my...

I am selling my mom's she is still alive. She gave me in presence of my family and lawyer the power of attorney. The title companys wants a letter from Dr.that she was of sound mind when it was done. They r questioning validity of POA .They stated that the power of attorney is old. Threes ago I obtain a house loan to pay for her care and POA had to be recorded with deed and it was. She beling going to HMO so a lot of dr's saw her. I guess is it legal for the fotfiet a closing for not providing letter?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Washington, dc

Lawyer's Assistant: Has anything been filed or reported?

Yes, when I took loan out it was POA was filed . Also at the banks were I handle her ecpences and investment compamies.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My Mom was diagnosed with early demintia at the time of POA and it was Doctor who said get paperwork in order health directive, finicial wishes and end of life wishes. She did she selected her lawyer who has passed and all her childern (4) to present wgen the power of attorney was drawn up.

Submitted: 7 months ago.Category: Legal
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Answered in 2 minutes by:
1/2/2018
Lawyer: Gerald, Esq, Lawyer replied 7 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,438
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 7 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

When a house is sold the title company processes the paer work to secure the title. One of the things they do is provide "title insurance." Title insurance provides protection to make sure that a good title was transferred. Because of the potential exposure they want to make sure that they cover every possible question.

Nevertheless, the POA was valid when it was issued, and it was prepared by the attorney. I assume that you have told the title company that the attorney has passed away and that her doctor at the time is no longer available. Perhaps they will accept either an affidavit from you regarding the circumstance. Or if your mother has a current physician who can review her medical records perhaps they will be willing to sign the letter for you.

Unfortunately, there isn't a process to force the title company to accept the POA.

Your other option is to file for Guardianship of your mother. Guardianship will provide you complete authority over your mother's affairs. This link describes the Guardianship process in DC:

https://odr.dc.gov/book/path-community-living-resource-guide/legal-guardianship

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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