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Guest
My 83 year old mother lives in Maine and wishes to sell a piece of property there to one of her four children in order to help defray the costs of assisted living. The sales price was established from a recent appraisal and the three remaining siblings agree with both the sale and the price.
Our mother suffers some cognitive loss but is quite able to converse and state her wishes. As her DPOA, I pay her bills etc. The title company for my sister says that, because mother is over 65 and has cognitive problems, she must be represented by an attorney and that my legal powers are not valid due to my status as family.
We then secured a real estate attorney who,without ever speaking to our mother, said he needs a note from her doctor stating that she is able to understand her actions and the consequences thereof.
Obviously health care professionals are not going to intervene in matters having legal ramifications, without benefit of psychiatric counsel, so the doctor refused and referred us to an elder care agency.
Ultimately we spoke with a representative at Maine Elder Legal Services who told us that we had been misled by the title company and gave us the name of a local elder law attorney.
We are willing to do what is necessary to complete this transaction but it seems to me that either as POA I can sign documents or the attorney representing our mother could have a conversation with her to determine her level of understanding re: this whole matter.
We are not sure at this point what our options are short of converatorship and time is of the essence in paying mom's bills.
Any help is appreciated.
Our mother suffers some cognitive loss but is quite able to converse and state her wishes. As her DPOA, I pay her bills etc. The title company for my sister says that, because mother is over 65 and has cognitive problems, she must be represented by an attorney and that my legal powers are not valid due to my status as family.
We then secured a real estate attorney who,without ever speaking to our mother, said he needs a note from her doctor stating that she is able to understand her actions and the consequences thereof.
Obviously health care professionals are not going to intervene in matters having legal ramifications, without benefit of psychiatric counsel, so the doctor refused and referred us to an elder care agency.
Ultimately we spoke with a representative at Maine Elder Legal Services who told us that we had been misled by the title company and gave us the name of a local elder law attorney.
We are willing to do what is necessary to complete this transaction but it seems to me that either as POA I can sign documents or the attorney representing our mother could have a conversation with her to determine her level of understanding re: this whole matter.
We are not sure at this point what our options are short of converatorship and time is of the essence in paying mom's bills.
Any help is appreciated.