Thursday, October 2, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Father has dementia: How can daughter sell his home to pay for his care?

jones column sig

By
From page HSR2 | July 12, 2014 |

Q: My father is 92 years old and has dementia. He has a lot of other physical ailments as well. I’ve been living with him in his home for the past five years and have cared for him all that time. I’m getting married next month and will be moving into my husband’s house and bringing my father to live with us. The bottom line is that we no longer need Dad’s home but could use the money from the sale to care for him. Dad no longer even knows who I am most of the time and I’m sure he can’t understand the legal documents that are involved with the sale of a house. How does someone in my position go about selling a home? I checked the public records and the house has been in my dad’s name alone ever since my mother died more than 10 years ago, and it’s entirely paid off. Thanks.

A: As you know, your father would not be considered competent to transact his own legal affairs, such as selling a house.

In order to sell the property, you will have to be appointed as the conservator for your father. This involves a court filing requesting permission from a judge to be appointed with the power to sell the house. It is tantamount to suing your father, though you’re clearly doing so for his own good.

Once you file your papers, the court will appoint an investigator who will most likely meet with your father and probably talk to his doctors as well. The investigator will then make a report to the judge with regard to your father’s ability to tend to his own affairs and whether or not the investigator believes you would be a good conservator.

If there are other family members or friends who want to become his conservator, they can come to court and ask the judge to appoint them instead of you.

There are two types of conservators.

You want to become the conservator of your father’s estate. In other words, you want to be in charge of his finances. The court can then give you authority to sell the property.

You may also want to consider becoming the conservator of his person. In other words, you would have authority over health care decisions, as well as where he lives.

You need to be aware that as the conservator of your father’s estate, you will be required to file accountings. In other words, you will have to keep track of all of his money and everything you spend it on. The money must be spent for the maintenance and care of your father. You can’t take a honeymoon to Hawaii with it.

The court will review and approve your accountings just to make sure the money is being spent on your father.

If this is something you still want to take on, you will need to contact an attorney. Becoming a conservator is fraught with legal pitfalls and you will need someone who is well versed in this area of the law to help guide you.

By the way, all of this could have been avoided had your father executed the proper power of attorney documents when he was still able to do so.

Typically, someone with a power of attorney can begin acting in the disabled person’s capacity once two doctors have verified that the people are unable to care for themselves.

Tim Jones is a real estate attorney in Fairfield. If you have any real estate questions you would like to have answered in this column you can contact him at SolanoScene@TJones-Law.com.

LEAVE A COMMENT

Discussion | 1 comment

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • P.J.July 12, 2014 - 7:22 am

    If the property is in a trust I'll bet there's a provision for power of attorney. I have a trust that provides for that. The book is 4 inches thick, and while it's hard to find....there's such a provision.

    Reply | Report abusive comment
.

Solano News

Vacaville man earns Carnegie heroism medal

By Ian Thompson | From Page: A1 | Gallery

 
Head-on crash sends 2 to trauma centers

By Amy Maginnis-Honey | From Page: A1, 6 Comments | Gallery

 
 
Mundy fifth-graders share their thoughts

By Mayrene Bates | From Page: A2

 
Veterans meet set in November

By Susan Hiland | From Page: A3

 
Solano Tea Party Patriots meet next week

By Susan Hiland | From Page: A3

Bevy of vintage warbirds expected at Nut Tree air show

By Ian Thompson | From Page: A3 | Gallery

 
 
Fairfield police log: Sept. 30, 2014

By Susan Hiland | From Page: A12

Suisun City police log: Sept. 30, 2014

By Susan Hiland | From Page: A12

 
Weather for Thursday, Oct. 2, 2014

By Daily Republic staff | From Page: B12

.

US / World

FBI turns animal cruelty into top-tier felony

By The Associated Press | From Page: A3

 
California Catholics challenge abortion order

By The Associated Press | From Page: A4, 3 Comments

San Francisco expands free public Wi-Fi access

By The Associated Press | From Page: A4, 1 Comment

 
Judge: Stockton must treat pension like other debt

By The Associated Press | From Page: A4

Secret Service chief quits due to security lapses

By The Associated Press | From Page: B5

 
2 children in Los Angeles County have enterovirus

By The Associated Press | From Page: A5

Palestinians: Israeli occupation must end in 2016

By The Associated Press | From Page: B5

 
Infant’s body found in California trash facility

By The Associated Press | From Page: A5

Mexico’s probe of army slayings raises doubts

By The Associated Press | From Page: B5

 
John Wayne’s heirs lose ‘Duke’ legal brawl

By The Associated Press | From Page: A5

Hong Kong protesters threaten to occupy buildings

By The Associated Press | From Page: B5

 
Man convicted of murder in killing over loud music

By The Associated Press | From Page: B5, 3 Comments

3 Afghan soldiers who fled say they can’t go home

By The Associated Press | From Page: B5

 
Poll: Divided voters still focus on economy

By The Associated Press | From Page: B5

Respiratory virus seen in 4 deaths; role unclear

By The Associated Press | From Page: B5

 
920 California chickens killed with golf club

By The Associated Press | From Page: A5, 2 Comments

Liberia short on ambulances for Ebola patients

By The Associated Press | From Page: B5

 
Wife of slain Los Angeles-area mayor released

By The Associated Press | From Page: A5

Ebola patient told hospital he was from Liberia

By The Associated Press | From Page: B5

 
Caltrans: Bay Bridge tower rods exposed to water

By The Associated Press | From Page: A5

App teaches kindergartners basic computer coding

By The Associated Press | From Page: A12

 
2 white Ohio women sue over sperm from black donor

By The Associated Press | From Page: A12, 1 Comment

.

Opinion

Real reasons neighborhoods are in trouble

By Letter to the Editor | From Page: A11, 2 Comments

 
Editorial Cartoon: Oct. 2, 2014

By Daily Republic Syndicated Content | From Page: A11

 
Crazy? Violent? Lose your guns

By Kelvin Wade | From Page: A11, 3 Comments

It’s time to teach history

By Jay Ambrose | From Page: A11

 
Read this column ASAP or immediately

By Reg Henry | From Page: A11, 1 Comment

.

Living

Today in History: Oct. 2, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Oct. 2, 2014

By Susan Hiland | From Page: A2

Our son’s suicide has made us feel like outcasts in our community

By Kathy Mitchell and Marcy Sugar | From Page: A9

 
Horoscopes: Oct. 2, 2014

By Holiday Mathis | From Page: A9

.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B6

 
Lena Dunham launches tour for book of adult essays

By The Associated Press | From Page: A7

‘Interstellar’ to be released 2 days early on film

By The Associated Press | From Page: A7

 
Steinem: Domestic violence discussion a positive

By The Associated Press | From Page: A7

‘Orange is the New Black’ author talks Season 3

By The Associated Press | From Page: A7

 
Joy Behar to debut a 1-woman show in New York

By The Associated Press | From Page: A7

Tony Bennett sets mark as oldest act with No. 1 LP

By The Associated Press | From Page: A7

 
.

Sports

Bumgarner, Giants silence Pirates 8-0 to advance

By The Associated Press | From Page: B1 | Gallery

 
A’s part ways a day after 12-inning loss to Royals

By The Associated Press | From Page: B1 | Gallery

49ers prepare for familiar face in Chiefs Smith

By The Associated Press | From Page: B1 | Gallery

 
Raiders leave for bye after meeting with new coach

By The Associated Press | From Page: B1 | Gallery

College notebook: Former Falcon Williams tearing it up as Torero

By Paul Farmer | From Page: B1 | Gallery

 
JC volleyball: Solano wins twice in Falcons Classic

By Daily Republic staff | From Page: B2

JC women’s soccer: Sjoberg nets 2 goals as Solano ties Chabot

By Daily Republic staff | From Page: B2

 
Prep water polo: Rodriguez boys swim to 11-1 win over Armijo

By Daily Republic staff | From Page: B2

Prep girls tennis: Stybnarova earns victory at No. 1 singles

By Daily Republic staff | From Page: B2

 
 
Prep cross country: Armijo rolls to sweep at MEL center meet

By Daily Republic staff | From Page: B2

Drivers fear next round of NASCAR’s Chase

By The Associated Press | From Page: B2 | Gallery

 
Cardinals re-sign Fairfield High graduate Bishop

By Staff and wire reports | From Page: B3

LeBron warmly welcomed ‘home’ by Cleveland fans

By The Associated Press | From Page: B3

 
Trout makes playoff debut when Angels host Royals

By The Associated Press | From Page: B3 | Gallery

 
Tigers hope starters can outdo Orioles bullpen

By The Associated Press | From Page: B3

Wambach, players file lawsuit over World Cup turf

By The Associated Press | From Page: B3

 
Oslo latest city to drop out of 2022 Olympic race

By The Associated Press | From Page: B3

This date in sports history for Thursday, Oct. 2, 2014

By The Associated Press | From Page: B4

 
.

Business

Stocks start October with a drop

By The Associated Press | From Page: B6

 
GM looks to new vehicles, China to boost profit

By The Associated Press | From Page: B6

5 reasons bonds may be less safe than you think

By The Associated Press | From Page: B7

 
Why the bond market is more fragile than you think

By The Associated Press | From Page: B7

.

Obituaries

Laura M. Gerdes-Lemmons

By Nancy Green | From Page: A4

 
John ‘Bo’ M. Miller

By Nancy Green | From Page: A4

.

Comics

Pickles

By Daily Republic Syndicated Content | From Page: A8

 
B.C.

By Daily Republic Syndicated Content | From Page: A8

Frank and Ernest

By Daily Republic Syndicated Content | From Page: A8

 
Blondie

By Daily Republic Syndicated Content | From Page: A8

Sally Forth

By Daily Republic Syndicated Content | From Page: A8

 
Peanuts

By Daily Republic Syndicated Content | From Page: A8

Beetle Bailey

By Daily Republic Syndicated Content | From Page: A8

 
Dilbert

By Daily Republic Syndicated Content | From Page: A8

Rose is Rose

By Daily Republic Syndicated Content | From Page: A8

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: A8

For Better or Worse

By Daily Republic Syndicated Content | From Page: A8

 
Zits

By Daily Republic Syndicated Content | From Page: A8

Baldo

By Daily Republic Syndicated Content | From Page: A8

 
Baby Blues

By Daily Republic Syndicated Content | From Page: A8

Wizard of Id

By Daily Republic Syndicated Content | From Page: A8

 
Garfield

By Daily Republic Syndicated Content | From Page: A8

Sudoku

By Daily Republic Syndicated Content | From Page: A9

 
Word Sleuth

By Daily Republic Syndicated Content | From Page: A9

Crossword

By Daily Republic Syndicated Content | From Page: A9

 
Bridge

By Daily Republic Syndicated Content | From Page: A9

Cryptoquote

By Daily Republic Syndicated Content | From Page: A9