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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can You Use Power of Attorney to Stop a Home Sale

    An elderly parent in California is in the process of selling her home. One of her children holds durable power of attorney.

    The mother has had two strokes and is confused. The child believes that the agreed sale price of the home is too low. Can the child use the POA to stop the sale?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Use Power of Attorney to Stop a Home Sale

    If the mother's confusion does not rise to the level that she is mentally incompetent, she remains in control of and able to make her own decisions relating to her assets. Also, if the sale was negotiated before the strokes occurred, then the price was struck while she was in a clear state of mind.

    If the mother was in a confused state of mind during negotiations, and remains too confused to discuss the terms of the sale, the child can discuss with an attorney if there is a basis to try to overturn the sale, or if it would be appropriate to seek conservatorship over the mother based upon her being legally incapacitated by the strokes.

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