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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31782
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My 98 year old father signed a loan with a lady several

Customer Question

my 98 year old father signed a loan with a lady several years ago to pay for her property. The house is now in foreclosure and she wants my dad to sign a paper to allow a real estate person to act on their behalf for her to refinance. I don't feel comfortable with this. Is this legal or the right way to handle this.
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: California. From what I gather, she got the foreclosure notice in May, 2016.
JA: Have you talked to a lawyer yet?
Customer: No, she just approached us last week.
JA: Anything else you think the lawyer should know?
Customer: My dad has stage IV cancer and dementia now.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

It is legal for your father to give a power of attorney to someone else for any purpose (as long as your father is in his right mind). But, it is a very risky thing to do and could result in dire consequences for him if the person takes advantage or cannot be trusted.

Your dad would be much better off to hire a lawyer to review any documents necessary to refinance the loan and for him/her to advise your father before he signs anything.