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Can I Sell Our Home Without My Incapacitated Husband's Consent?

  • July 11th, 2014
My husband has Alzheimer's disease.  I would like to sell our home and downsize to a continuing-care condominimium residence. Can I do this without his consent? 

Only if you have his durable power of attorney.  Otherwise you will need to be appointed as his guardian or conservator by your local probate court. If your husband still has sufficient capacity to execute a durable power of attorney and a health care proxy or power of attorney (depending on which is used in your state), I strongly recommend that you and he meet with an elder law attorney as soon as possible to get this done before the window of opportunity closes. The elder law attorney can also advise you about the possible Medicaid eligibility consequences of selling the house.

Local Elder Law Attorneys in Ashburn, VA

Margaret O'Reilly

Margaret A. O'Reilly, PC
Herndon, VA

Loretta Williams

Hale Ball Carlson Baumgartner Murphy PLC
Fairfax, VA

Judith Mitnick

Needham Mitnick & Pollack, PLC
Falls Church, VA

Last Modified: 07/11/2014

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