My niece is guardian for her mother. The house she lives in is in her mother's name the mother is in nursing home. Niece has lived in the house for her whole life paid the bills etc her step sister is selling the house from under her what are her rights can her step sister do this?
I'm wondering if the step sister has somehow obtained legal authority from your aunt, and you're unaware of it? Is the step-sister is frequent contact with your aunt at the NH?
I've misread posts frequently, even when my brain isn't overheated.
I think RM interpreted your post that the step-sister was the guardian, in which case she likely would have authority to sell the house depending on the specific power granted in the guardianship order. However, if your niece is the guardian, and step-sister has no legal authority, then she's way out of her bounds by try to sell the house.
Perhaps you could clarify this; I was a bit confused at first after reading your post just once. The question would be what legal authority, if any, does the stepsister have? If she's named as an heir in a will or trust, that doesn't take place while your aunt is still living, so she doesn't have "advanced" standing to sell.
I would think a realtor would have questioned the step-sister's role and authority to sell. If not, it would certainly be flagged when the title work is ordered, as someone who's not a feeholder, joint owner, guardian or proxy under a DPOA or POA wouldn't have authority to execute the transfer documents.
And just to clarify, the step-sister has no guardianship rights over your aunt?