Elder Law Answers
Can My Mom Sign a Reverse Mortgage Even Though I Have Her POA?
I just learned that my elderly mother signed a reverse mortgage while I was her agent under a durable power of attorney. I...
Read moreIf My Mom Was a Victim of Undue Influence, What Do I Do?
- March 19th, 2024
Q
I recently moved in with my mom after my brother passed away. She is blind with the exception of a part of her periphery and has had several falls. She is forgetful sometimes and cannot cook or clean. She is able to get dressed and let her dog out. I found out today that my mom signed sales documents to sell our family's land. Her niece and nephew had her sign a contract when I was not home. I do not have a power of attorney (POA). The entire family spoke against it, but they did it to receive a commission. Is there anything I can do to stop the sale? What is the best course of action as far as getting a POA or conservatorship?
A
You may be able to block the sale, but you would have to go to court to do so. You can seek a restraining order and conservatorship over your mother so that you can handle her financial and legal matters. To be successful, you would have to be able to show that your mother no longer has legal capacity or that she made the decision due to the undue influence of her niece and nephew. The two are somewhat related since someone with reduced capacity is more likely to be susceptible to undue influence. (Learn more about undue influence in this article.)
Of course, the property buyer may have done nothing wrong. But the sale can still be canceled if one party did not understand the nature of the sale. However, it sounds like you’ll have to move fast to prevent the sale from going through.
To learn more about conservatorship and powers of attorney, check out the following articles:
- When Does Someone Need Financial Guardianship?
- How Do I File for a Conservatorship?
- Powers of Attorney Come in Different Flavors
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
Last Modified: 03/19/2024