Can I sell my parent’s house with a power of attorney if they have dementia?

Can a durable power of attorney authorize the sale?

A valid, effective durable financial power of attorney may authorize a sale despite later incapacity. It must grant the necessary authority, and activation conditions must be satisfied. WG Title reviews closing requirements with the agent and counsel before documents are signed.

Does a dementia diagnosis settle the capacity question?

A dementia diagnosis does not answer every question about legal capacity. An existing durable power may help, while signing a new one requires appropriate capacity at execution. WG Title coordinates title requirements while an attorney evaluates capacity and available legal options.

Can the agent keep using the power after the parent dies?

A power of attorney terminates when the parent dies. An agent who knows of the death cannot continue using it to sign the parent’s deed. Authority must then come through the applicable estate, trust or ownership process. WG Title helps identify the new documentation needed.

When might a guardianship be needed?

If there is no usable power and the parent lacks capacity, an attorney may need to evaluate guardianship or another lawful alternative. Guardianship is not automatic. WG Title coordinates the title side while counsel determines appropriate authority and necessary court approval.

Why start the authority review with WG Title early?

A power-of-attorney sale needs careful review of authority, effectiveness and signing requirements. WG Title offers experienced escrow coordination and access to WG Law when separately engaged legal evaluation is needed. Starting before the closing appointment gives the family time to address missing authority or documentation.

Official sources for this answer

• Estates Code Chapter 751: durable powers and termination ↗
• Estates Code §1101.101: guardianship findings ↗

These sources explain the general law or process. The deed, governing documents, court orders, current title commitment and the facts of the transaction determine the requirements for your file.