Selling the Home of a Parent Who Has Alzheimer’s

Key Takeaways

• Legal authority is required to sell a home for a parent with Alzheimer’s, either through Power of Attorney (POA) or Guardianship.
• Without a POA, guardianship must be obtained through the court, which can be a lengthy and expensive process.
• Title companies and financial institutions may impose additional legal hurdles, even if a POA is in place.
• Family disputes, Medicaid rules, and buyer hesitations can further complicate the process.
• Consulting an elder law attorney early can help streamline the process and prevent unnecessary legal battles.

Who Has the Legal Authority to Sell the Home?

Only the legal homeowner can sell their property. If your parent still has the cognitive ability to understand the transaction, they may be able to handle the sale themselves. However, Alzheimer’s is a progressive disease, and once your parent has lost the ability to make legally binding decisions, the responsibility falls to whoever has been granted legal authority.

There are two primary legal pathways that allow a family member to act on a parent’s behalf when selling their home: Power of Attorney (POA) and Guardianship (also called Conservatorship in some states).

Selling the Home with Power of Attorney (POA)

A durable power of attorney (POA) allows a designated individual to manage a person’s financial affairs, including selling their home, even after they become incapacitated. If your parent assigned a POA before their condition worsened, you can legally handle the sale. However, not all POAs grant real estate authority, and some title companies or financial institutions may require additional verification.

In some cases, the title company or real estate professionals may require a doctor’s certification confirming that the parent is no longer competent to make decisions. Others may even insist on meeting with the parent, which can be impossible if they are in late-stage Alzheimer’s. If you run into these obstacles, consulting an elder law attorney can help resolve any legal disputes before they derail the sale.

Selling the Home Without Power of Attorney (Guardianship Required)

If your parent never assigned a durable power of attorney, you cannot legally sell their home. Instead, you must apply for guardianship (or conservatorship), which is a court-appointed role that gives you the authority to handle financial and legal matters on their behalf.

Obtaining guardianship is a complex, time-consuming, and expensive process. Every major decision must be approved by the court, including the sale of the home. Once a buyer is found, the purchase contract must state that the sale is contingent upon court approval. The court will then review the contract and decide whether the sale can proceed. Unfortunately, this process can take weeks or even months, causing many buyers to walk away due to the uncertainty and delays.

Common Roadblocks When Selling a Parent’s Home

Even if you have legal authority, selling a home for a parent with Alzheimer’s comes with unique challenges. Title companies may dispute the validity of a POA, requiring additional verification that delays the sale. Buyers may hesitate or back out if they learn that the transaction is contingent on court approval. Family members who disagree about the sale can complicate the process, leading to disputes over the use of proceeds or whether the home should be sold at all.

Additionally, financial institutions and government agencies involved in Medicaid planning may have rules that affect how the proceeds from the sale are handled. If your parent is receiving Medicaid benefits, selling their home could impact their eligibility, requiring careful financial planning.

Best Practices for Avoiding Delays and Legal Issues

To avoid unnecessary delays and legal disputes, securing a durable power of attorney as early as possible is essential. If your parent is still competent, having an attorney draft a comprehensive POA that includes real estate authority can save time and prevent legal challenges down the road. If guardianship is required, working with an elder law attorney ensures that all necessary steps are taken efficiently, minimizing disruptions in the sale process.

It’s also important to be transparent with family members about financial decisions. Open communication prevents disputes and ensures that everyone is aligned on how the proceeds from the home sale will be used. If your family is relying on the sale to fund assisted living or memory care, financial planning should be done early to avoid delays in transitioning your parent to their new living arrangement.

Get Expert Guidance on Selling a Home for a Parent with Alzheimer’s

If your parent has Alzheimer’s and needs assisted living, selling their home requires careful legal and financial planning. At Raya’s Paradise, we specialize in helping families navigate the complexities of senior care transitions and may be able to help point you in the right direction.

Call us today at (310) 289-8834 for expert advice.

Email Info@RayasParadise.com for assistance with elder care planning.

Schedule a Tour to explore our assisted living and memory care communities in Los Angeles and Orange County.

Let us help you make the best financial and care decisions for your loved one.

Disclaimer

The information provided in this article is for general informational purposes only and is not intended as legal, financial, or medical advice. Selling a home for a parent with Alzheimer’s involves complex legal and financial considerations, and laws vary by state. Readers should consult with a qualified elder law attorney, financial adviser, or real estate professional before making any decisions regarding the sale of a home or financial planning for senior care. Raya’s Paradise does not assume any liability for the accuracy or applicability of this information to individual circumstances.