What if Dad has dementia and never signed a power of attorney?
Answered by Chris Deutsch, Founder & Editor
Licensed Minnesota Realtor #20382264 ·
The short answer
There's still a road — it's just longer and runs through a courtroom. Without a valid POA, no one can sign for him, and Minnesota's answer is a court-appointed conservatorship: a judge names someone (often an adult child) to manage his affairs, and selling the home typically requires the court's involvement. It works, but plan on months rather than weeks, real legal costs, and a process nobody describes as gentle.
On stage The 60-second answer
Captions on · Transcript below
The stage is set.
Chris's video answer is on its way. Until then, the short answer above says the same thing.
The transcript posts with the video.
The longer answer
One thing worth checking immediately: capacity isn't always all-or-nothing. If your dad has clearer moments and a doctor will support that he understands what he's signing, an elder-law attorney may still be able to put a POA in place — but that window only closes, never reopens. Get the legal consult this week, not this quarter. I'm not a lawyer, and this isn't legal advice; this part belongs to one.
The house can wait while you do that. When the paperwork has a path, I'm ready. Just call me.
The next department over
What people in this spot usually ask next.
- Senior transitionsCan I sell the house for my parent using power of attorney?Read the answer
- Senior transitionsWhat's the actual difference between independent living, assisted living, and memory care?Read the answer
- Senior transitionsCan showings happen while my mother still lives in the house?Read the answer
- Senior transitionsShould we sell the house before or after Mom moves to the community?Read the answer
- Inheritance & probateI feel like I'm betraying my parents by selling their house.Read the answer
- Inheritance & probateWe live out of state. Can we sell Mom's Minneapolis house without flying back?Read the answer
From the editor's desk
“As Founder and Editor, I review, correct, and stand behind every answer.”
Is your situation more specific than the market? That's the one worth talking through.