My wife has Alzheimer's and is resistant to any change, but we are going to need to sell our house and move soon. Our real estate agent suggested I get power of attorney. It would be terrible if we find a buyer for the house and my wife refused to sign. I don't know anything about getting power of attorney. Anyone here have any information??? BTW @Chrissy Cross we might be moving close to you and Falcon. I'm sure it will be at least several months though.
Sheldon, my heart goes out to you and your wife. It’s got to be tough on both of you especially when you see yourself having to take a responsibility you probably didn’t ever think you’d have to take. I know your beliefs but I still pray for both of you. About the OP. It’s actually pretty easy stuff but: If there is a “free legal services” agency near you, they should be able to produce the paperwork pretty quickly. If not, a family attorney can supply the documentation which will spell out your limitations should there be any. The problem is that your wife will have to sign the power of attorney over to you which gives you the power to represent her wishes and then the paperwork has to be notarized. Sadly though, if she resists then you might have to get a judge to sign off on it due to her illness.
Getting her to sign it might be a problem. One day she might another day she won't and it's hard to tell which day it will be. Actually I should say minute to minute rather than day to day. Sometimes we talk about moving and she's okay with it, but most times she gets really upset and says she'll never leave here.
@Sheldon Scott ... my heart goes out to you both. So very difficult. I hope you have family or someone to help you where ever you move?
Yes Chrissy. Brooke has a daughter, grandkids, and great grandkids in Woodlake. Google says it's 51 miles from Fresno. I remember John saying once he could see Woodlake from his house.
If it’s 51 miles from Fresno, John can’t see it...he lives about 250 miles from me...near Los Angeles. He can see the Pacific Ocean from his house...
Maybe I'm thinking of someone else. who else on this forum lives in the area? I was thinking it was Falcon.from the other forum. Isn't his name John?
There is no doubt that there will be a few problems then but I know you already realize all the ramifications involved. When I think of the amount of patience and love that it takes to overcome all the confusion and heartbreak not to mention the legal aspects, it has to be almost overwhelming. Merely saying, “it’s for the better” just doesn’t make things easier. That said, you might have to get her doctor’s recommendation and then get a judge to sign off on the power of attorney if your wife is reluctant. Legal Aid deals with medical and social security problems for seniors so if there’s one near you it might be at least financially beneficial to you. Otherwise, a decent family law attorney might be your best bet. I wrote, “decent” because a power of attorney doesn’t take a major player in the legal industry. Heck, if you know someone who is a paralegal, that person could even provide you with the paperwork.
@Sheldon Scott sorry to hear about your wife as well. You can also find those documents online as I did for my mother and just got them notarized. It may be a cost but not as expensive as an attorney's fee.
It is possible that your real estate attorney can get the POA drawn up for you, or the title company can do that. A few weeks ago, I had an email about a property that had belonged to my mom and dad and was sold soon after they passed away, to help cover the final expense costs for both of them. The property was sold way back in 1988, and the same people lived there all of these years, but now wanted to sell it. It turned out that part of the property hadn’t been transferred properly, and the title company said that they could send me a POA for my son (who still lives in Idaho) to sign the quit claim deed necessary for the property to be sold. Obviously, they were getting an attorney (if necessary) to write up the POA, and then just email it to me as a pdf to print out and sign. If they could do that, then it seems like your RE agent can have one drawn up for you, and they would make sure that it was done properly. I had to go to the bank and sign in front of a notary, so you are probably going to have to get your wife’s signature notarized also. Some notary public’s will come to your house, or you can go to theirs, but either way, you would have to get your wife there at a time when she is willing to sign.
Yes I live in Fresno Sheldon and I am sorry about the problem with your wife.There are several excellent Alzheimer Care facilities in Fresno including where I am living. If you and your wife's daughter will be her Caretaker you might wish to check them out.
I'd say call a local attorney and see what the process is, Sheldon. I'm sorry about your wife's situation. And OT, but has anyone heard from Falcon (John) recently? He disappeared from the other forum when the format changed a few months ago.