Mom now in care home with dementia.
She got steadily worse over the last few months and we will have to start paying fees. We now have a problem the home saying mom doesn’t have mental capacity for decisions. The sale contract as been received from solicitor but has to be signed by mom. I don’t have power of attorney. What can I do?
Assessment of mental capacity has to be specific to the decision in question - so you can't just catch her on a bad day and decree that she can never again make a major decision, for example.
My first step would be the OPG; I would also expect the solicitor to have a colleague with the right specialist experience to assist with this. Certainly don't despair - it may be a pain, but there will be a way round.
I'm assuming you're in the UK since you used the word solicitor; have you contacted him or her to discuss options? It may even be that she did execute a limited POA for sale of the house and left it in trust with him or her.
I don't know anything about UK law, so I won't try to offer any other suggestions but I do think that contacting the solicitor is your first step.
Who exactly at the nursing home told you she lacks capacity? How was it determined? Just by observation, or by a medical professional?
In the era of Corona, this is not likely possible. Agree with pp, in the era of Corona, you may have to consult lawyer and get guardianship. ugg.