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my sister and my brother all have equal dpoa, my mom's house has sold, she has alz , is that sufficient to sign for her. she know she can not stay in her home, but is sad to leave, should we take her to closing or just go ourselves and sign doc.
I wouldn't take her. Handing over the keys could be a visible signal to her that the house is no longer hers, and that could be depressing. With ALZ, it could be misconstrued and she might misunderstand the situation and think she has no home any more.
If the title company will accept the DPOA, just sign pursuant to that. Your realtor should confirm this with the title company for you.
jsadaughter, when the house got a Contract, who signed the Contract? If it was you or someone else who is POA then that person(s) will need to go to the real estate closing on the house, and sign all the necessary papers placed in front of them.
When my Dad had me put his house on the market For Sale, Dad signed the real estate Listing Agreement and he later signed the Contract that he accepted from the Buyer as he still understood the documents. Since real estate closings can be long and drawn out, the closing Attorney let me represent my Dad on settlement day since I had financial Power of Attorney.
Therefore, when I brought the Contract and all the Addendums to the closing Attorney, I also had to bring the original of the Power of Attorney [which was later returned to me after the deed was booked at the County offices]. The closing Attorney first had to make sure the Power of Attorney had the correct verbiage regarding real estate sales.
I would absolutely not take her. Yeah, it could go smoothly although l…o…n…g and mom would be just fine. But if she gets to closing and gets all "I don't want to do this" & balks at signing, or seems to be pressured by family the staff at the title company or Realtor office could stop the closing as the seller is doing this under duress and somebody in the family could try to have it voided. Unhappiness all around. Happens all the time, especially if sibling rivalry exists or parents not firing on all 8 cylinders.
Leave them home and make sure your DPOA allows for all & any financials to be done. A good Realtor would have had your DPOA vetted when the listing was done as to this too.
When we sold out horse farm we held an auction and we choose not to be there. When we left the UK many years ago we had an auction house take our surplice belongings and put them in one of our auctions. What upset me the most was reading through the list and the sums they had sold for. Reading that was a big mistake - should have just deposited the check and forgotten all about it. I did not mind parting with the stuff as it was a company move and we had the choice of buying new here or having everything shipped. We were excited about buying new so it was no great loss.
What does your lawyer say? I know when I sold my mother's property I did all the paperwork, but the lawyer asked for my POA and vetted it well in advance of closing.
Besides closing being long and drawn out, I didn't want my Dad to attend [unless he had insisted, which he didn't], he probably would have needed to use the rest room numerous times, thus I would have needed to bring his caregiver.
Also, Dad loves to chat, and who knows what he would be saying about the house. Dad having sundowning, he might start making up stories about the house that weren't real.... oh dear.
If there is no need for her to be there do not bring her. It is confusing even for someone that does not have Dementia. All the papers going back and forth, the numbers talk, the disclosures..... And it will take a while. Even I was antsy to leave when I made a house purchase and had to go through all this. Have someone take her out for coffee or tea. Or if she is established somewhere now stay home with her and enjoy the few hours of calm.
Are you kidding? Having just gone through the sale of my house requires one to sign documents for at least one to two hours because there will be a special affidavit regarding this house. It will require one or both of the DPOAs to sign your mother's name, then Attorney-in-Fact, then the person designated to sign for your mother. Not only is it time-consuming, but your hand gets tired signing all those names. What is your mother going to do but sit, not understanding what is going on...she might have to use the bathroom and the title companies have allotted so much time for your closing, and they need to stick to their schedule. Definitely keep her with someone at home or eating out, and you will eliminate some of the stress associated with closing escrow. I left my husband at home and I needed a break about half way through...The best part is when the money gets dispersed and your bank account increases!
When my mom moved in with me she had an auction on all her belongings. She went to it and it was the worst mistake we ever did. She has dementia and the one thing she remembers is watching all her belongings go. I hear it all the time about that but what she doesn't remember is signing the paperwork for the Auction and meeting the Auctioneer. She claims he just did that on his own. Its really sad. Nobody has POA so her house is still sitting empty. In the process of getting Guardianship. Good luck.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If the title company will accept the DPOA, just sign pursuant to that. Your realtor should confirm this with the title company for you.
When my Dad had me put his house on the market For Sale, Dad signed the real estate Listing Agreement and he later signed the Contract that he accepted from the Buyer as he still understood the documents. Since real estate closings can be long and drawn out, the closing Attorney let me represent my Dad on settlement day since I had financial Power of Attorney.
Therefore, when I brought the Contract and all the Addendums to the closing Attorney, I also had to bring the original of the Power of Attorney [which was later returned to me after the deed was booked at the County offices]. The closing Attorney first had to make sure the Power of Attorney had the correct verbiage regarding real estate sales.
Leave them home and make sure your DPOA allows for all & any financials to be done. A good Realtor would have had your DPOA vetted when the listing was done as to this too.
Also, Dad loves to chat, and who knows what he would be saying about the house. Dad having sundowning, he might start making up stories about the house that weren't real.... oh dear.
It is confusing even for someone that does not have Dementia.
All the papers going back and forth, the numbers talk, the disclosures.....
And it will take a while. Even I was antsy to leave when I made a house purchase and had to go through all this.
Have someone take her out for coffee or tea. Or if she is established somewhere now stay home with her and enjoy the few hours of calm.
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