Question:
An agent meets with a couple, both seniors who are about to list their home for sale. Title is registered in the husband’s name alone, It is a matrimonial home, so the wife would need to consent to the transfer in order to release her possessory rights.
Wife may have dementia. This was a referral and the referring party made reference to the fact this this could either be diagnosed or undiagnosed.
Will the wife require a POA or Guardianship? Currently, they don’t have one.
Answer:
The onset of dementia is one of the first signs of the lack of mental capacity. Does the wife still maintain sufficient mental capacity to sign? There are various levels and various tests depending upon the circumstances. An Estates lawyer should know and be able to confirm competence. The wife will require 2 Powers of Attorney, one for personal care and the other for assets (as would be required here) and possibly 2 Wills. They should all be signed as soon as possible
Dementia can take years to go from zero capacity to no capacity whatsoever, with many days that might only have an hour or two. So, you would need the Estates lawyer on standby to meet with the wife at a time when she was sufficiently lucid to sign the documents. This process can become very time consuming.
Best to avoid contacting the office of the Public Guardian and Trustee, unless absolutely necessary.
Brian Madigan LL,B., Broker