Legal Question in Real Estate Law in California

mother tranfering

if my mother is incoherite ,dementia and cannot move arms can she still put the house in only my fathers name?


Asked on 3/17/07, 11:10 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: mother tranfering

I'm not sure what you mean by incoherite. Possibly you mean incoherent. This is too vague a description upon which to judge competence. Some incoherent persons may be competent, others not. As for dementia, this too does not necessarily mean incompetence to contract; in fact, most decisions I recall reading have ruled that the demented person was competent. Lack of ability to move the arms does not, in itself, say anything about a person's competence. I would say you should consider your mother competent to make contracts unless and until she is examined for purposes of determining her competence in the course of a conservatorship proceeding. If you can't afford an attorney who handles conservatorship applications, you can contact your county's senior services organizations or in some counties the public defender's office handles conservatorship matters.

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Answered on 3/19/07, 12:43 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: mother tranfering

If she is incompetent, then she cannot do so. You or your father might consider petitioning the superior court for appointment as her conservator.

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Answered on 3/18/07, 12:16 am


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