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All of this paperwork was filed in 2017 when she was of sound mind. She has since developed dementia. Now her daughter is trying to have her create a new will. Is this possible?
Does mom have a neurological exam showing that she's not of sound mind? I'd run to get her one ASAP and talk to an attorney about obtaining emergency guardianship until that exam can be completed to prevent the sister from taking advantage of her **IF mom is truly unable to make decisions.** Maybe your atty could go visit mom with you and make his own assessment. The legal bar for competence is VERY low. It's basically what's your name, do you know who that person is, and other terribly simple questions.
If there's no problem found, the emergency guardianship expires (and you are on the outs with both, and probably will not inherit anything and POA will be revoked). If there is a problem, then you prevent someone from taking advantage of mom.
A good lawyer will do nothing if he can see the person is not of sound mind and being coached. One lawyer I had took my nephew in another room to talk to him.
I agree Gmom needs a neurological eval. Get the diagnosis in writing. Good idea if POA is based on Mom being incompetent before POA takes over.
A Warranty Deed is exactly that: title is vested in the grantor, who conveys it to the grantee. It does NOT have to be title free and clear of liens. Someone can sell a property subject to liens, which either are discharged (depending on the situation), or obligations acquired with title transfer (assuming the lien holder agrees).
Liens can either be discharged by the seller or assumed by the buyer.
In fact, anyone who buys property with a mortgage is taking title subject to the mortgage, which is not a "free and clear" interest.
A Quit Claim deed doesn't provide warranties as to title; it's a transfer of someone's interest to someone else, w/o warranty.
Amanda, whether or not someone can create, or amend an existing Will, depends not just on dementia but on cognizance. Someone can have dementia and still be capable of executing legal documents. This is where the medical evaluation comes into play.
The daughter's efforts to "create" a new will, could in fact be addressed by a Codicil as opposed to a new Will, depending on Grandma's mental state. but the daughter can't "create" a will for Grandma, nor can she force Grandma to do so.
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 there's no problem found, the emergency guardianship expires (and you are on the outs with both, and probably will not inherit anything and POA will be revoked). If there is a problem, then you prevent someone from taking advantage of mom.
I agree Gmom needs a neurological eval. Get the diagnosis in writing. Good idea if POA is based on Mom being incompetent before POA takes over.
Liens can either be discharged by the seller or assumed by the buyer.
In fact, anyone who buys property with a mortgage is taking title subject to the mortgage, which is not a "free and clear" interest.
A Quit Claim deed doesn't provide warranties as to title; it's a transfer of someone's interest to someone else, w/o warranty.
Amanda, whether or not someone can create, or amend an existing Will, depends not just on dementia but on cognizance. Someone can have dementia and still be capable of executing legal documents. This is where the medical evaluation comes into play.
The daughter's efforts to "create" a new will, could in fact be addressed by a Codicil as opposed to a new Will, depending on Grandma's mental state. but the daughter can't "create" a will for Grandma, nor can she force Grandma to do so.