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I want to sell a rental home that belongs to me and my wife. She has dementia can I sign for her and myself?

I want to sell a rental property that my wife and I own together. However, my wife has dementia. Am I legally able to sign the necessary documents on her behalf, as well as my own? What steps should I take to ensure that the sale goes smoothly and is in compliance with the law?

10 Answers

V
Verlie Hickle

Jan 24, 2025

You need to go to court and get a conservatorship.  It’s too late for a POA.

A
Anonymous

Dec 06, 2024

Only if you have power of attorney over her assets

A
Anonymous

Feb 14, 2025

You cannot sign her name unless you have power of attorney. 

A
Anonymous

Jan 15, 2025

If her name is on the deed then you will need a power of attorney authorizing you to act on her behalf because of her incompetence at the time. It can also depend on how bad her dementia is. Sometimes they can still be together in their mind at times so she can actually understand what you are asking. 

A
Anonymous

Jan 14, 2025

No, unless you have her mental power of attorney.  Otherwise, you would be committing fraud.  You must have heard of forgery? !!!

A
Anonymous

Oct 20, 2024

Not unless you get a power of attorney or get her legally declared incompetant by the court. 

A
Anonymous

Nov 28, 2024

Not unless you have power of attorney for her.

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Anonymous

Nov 16, 2024

If the land is owned by Me AND my wife, then you need both of you to make decisions. 

If the deed is held Me OR my wife, you can sell it without her authorization.

Since she has dementia and unable to make decisions for herself, you need to go to court and get conversatorship of her. 

Unofficially, if she can still sign her name, you can have her sign a power of attorney document.  This is NOT legal since she can’t make decisions for herself anymore but it’s done every day.

A
Anonymous

Nov 09, 2024

only if you have Power of Attorney.  with mild/early dementia, she can still make decisions for herself.

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