Home Selling in 91307>Question Details

txmummy, Home Owner in West Hills, CA

How to stop son from selling parent's home by POA signed by parent after she was diagnosed with alzheimers/dementia?

Asked by txmummy, West Hills, CA Wed Jun 5, 2013

Two siblings had POA from mother who is now in assisted living and they were paying her bills and in the process of selling her home so she would have the cash for her care. One son, who has been living off her for years, is an unemployed alcoholic and refusing to leave the house has had her sign a second POA giving him access to all her funds and the right to sell her house. Her bills are now not being paid. Custodian proceedings have been started but what happens if he sells the house before they are completed? Is there anything that can be filed in the county to put title companies on notice that this is a fradulent use of POA authority?

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Answers

6
Consult a real estate attorney. They will let you know your options and hopefully guide you in the correct direction.
0 votes Thank Flag Link Thu Aug 15, 2013
I would recommend you consulting with a Will/ Probate Attorney. If you dont have one yet, you can go to this website to find a attorney that will be able to help http://lawyers.findlaw.com/lawyer/statepractice/california/l…
Good luck with this.
0 votes Thank Flag Link Fri Jul 5, 2013
Obviously you do need the services of a real estate attorney. However, the role of the listing agent is also key to preventing an injustice. I'm confused since you first said that two siblings are "in the process of selling her home." The listing agent has a fiduciary responsibility to the seller as well as an ethical obligation to treat all parties honestly and fairly. If the listing agent becomes aware that someone acting on behalf of the owner is not acting in the best interests of that owner (i.e. the mom in assisted living), then the agent is obligated to NOT facilitate any such transaction (or else the agent and his/her broker become entangled in fraud themselves). Bottom line: communicate with the realtors in the situation so that they are fully aware of any alleged fraud and can proceed accordingly.
0 votes Thank Flag Link Wed Jun 5, 2013
Txmummy:

DEFINITELY a situation for the lawyer!

I would also recommend an automated MLS search Agent with a targeted radius search be set up so you are notified if the property goes Active on the MLS!

-Steve
0 votes Thank Flag Link Wed Jun 5, 2013
You can contact me if you'd like. My suggestion other than the one below is to contact the Listing Agent if the property is ON the market & make sure you're talking to the Listing Agent's BROKER, it's important for them to know what's going on so they're not putting their Real Estate Licenses on the line to assist in illegal activity whether it was known to them or not. YOU need to make it known to them.
I can help you track down the Broker.
0 votes Thank Flag Link Wed Jun 5, 2013
You need to talk to a lawyer. They are the only ones that can help you at this point.
0 votes Thank Flag Link Wed Jun 5, 2013
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