You may be able to block the sale, but you would have to go to court to do so. You can seek a restraining order and conservatorship over your mother so that you can handle her financial and legal matters. To be successful, you would have to be able to show that your mother no longer has legal capacity or that she made the decision due to the undue influence of her niece and nephew. The two are somewhat related since someone with reduced capacity is more likely to be susceptible to undue influence. (Learn more about undue influence in this article.)
Of course, the property buyer may have done nothing wrong. But the sale can still be canceled if one party did not understand the nature of the sale. However, it sounds like you’ll have to move fast to prevent the sale from going through.
To learn more about conservatorship and powers of attorney, check out the following articles:
- When Does Someone Need Financial Guardianship?
- How Do I File for a Conservatorship?
- Powers of Attorney Come in Different Flavors
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
