I purchased a condo with my mother but she is now sick and I want to remove her name from the deed.?

Question

I was in the hospital and I got sick but I'm out now and when I was in the hospital my cousin who has power of attorney for my Mother tried to sell my condo so now I want to make sure in future that he doesn't have access to the property to sell it because it is in both me and my Mothers name. I want to get her name removed from the deed I just want to know how I should go about this. My mother is 93 years old and she now lives in a nursing home and she has no clue what is going on so I just want to make sure that my property will be safe because there is a little bad blood between the cousin and I since he tried to sell my condo without consulting with me. So I just wanted to know how to go about this problem.

Answer 1

You have to speak to your cousin. In the UK there are several kinds of attorney, enduring powers of attorney etc.

Answer 2

First of all if the deed is in your name and your mothers, your cousin cannot sell the property without your signature so it would be impossible for him to do so without your consent.

You would have to have your mom quit claim the property and that can be done at closing if you sell or you can just have an attorney draw up a quit claim document for a small fee and have your mom sign off then the attorney will file the deed with the courts so it will be on record and when a title search is done it will show you as the sole owner. Make sure it's done thru an attorney so it prevents problems from arising when and if you do sell in the future, nothing is worse than doing it yourself and doing it wrong and in 5 years when you try to sell and your mom is no longer around finding all sorts of problems that crop up and prevent you from selling.

Tell your cousin that he has no right to sell the condo out from under you, especially if you are living in the place, also tell him he cannot sell without your permission as you are 50% owner, he is only power of attorney so he doesn't have that right unless your mother wants to sell.

Do the Quit Claim NOW.

Answer 3

For one thing there is a Power of Attorney for Personal Care and a power of Attorney for Property. Does your cousin actually have Power of Attorney for Property. If not he has not right at all to handle that. The Power of Attorney is also supposed to be making decisions in the best interests of the person. If you feel that this isn't the Correct decision or the decision is not in the best interests of your mother you can try contacting the body that Governs power of Attorneys where you come from. In Ontario it is the Ontario Public Guardian and Trustee which is a division of the Ministry of the Attorney General.

Incidentally the Act in Ontario which governs Power of Attorneys is the Substitute Decisions Act and the Health Care Consent Act.

Answer 4

Ok, first of all, your cousin will have to be dealt with no matter what, since she has given him and not you, Power of Attorney. Anything that is signed will have to go through him, even taking her name off the condo.

He couldn't have sold the condo without your signature anyways, I don't know what he was thinking at the time!

It would be wise of you to go see an attorney. Evidently he doesn't know how to handle her business if he thought he could sell it without your consent. If you have found him to be the wrong POA for her, you could take it to court and they will designate someone else to take over, someone in the court system who not attached to either one of you. This is what I would advise you to do before he hurts HER!

Answer 5

If both you and your mother hold title to this condo, your cousin CAN'T sell it without your signature on the transfer deed. As power of attorney, he can sign for your mother, but NOT for you.

No title firm with a sound mind would agree to such a transfer, absent the appropriate signatures.

Do not bother with a quit claim deed, as others have advised. If your mother is mentally incompetent, her signature is worthless on such a deed. Given that she has designated your cousin as POA, he would probably be the one who has to sign.

Answer 6

Hang on...you don't understand how your title works.

YOU BOTH own the property, that means that YOU can't sell it without her signature (or POA) and SHE (or her POA) can't sell it without yours.

You can't get the name removed without her or the POA's signature.

You will most likely need an attorney to file for a court motion to give you full ownership of the home.

If she is not of full mental capacity, SHE CANNOT SIGN A QUIT CLAIM WITH AN ACTIVE POA IN PLACE WITHOUT DISSOLVING THE POA FIRST, WHICH SHE CAN'T, B/C SHE IS MENTALLY IMPAIRED! You won't have a choice but to see an attorney, b/c she cannot sign a contract

Answer 7

You should have an attorney draw up a Quit Claim Deed and have her sign it and have it recorded at the county offices.