Learning that a parent or spouse has dementia can leave you reeling. Even if the symptoms are mild — Mom’s been losing her purse more often and missed some appointments — you know the day is coming when she won’t be able to manage her affairs or live on her own. As you contemplate her future and the cost of care, you wonder if a person with dementia can sell their home. The answer is yes. But it’s essential to understand the complex legal issues related to an individual with dementia’s rights, as well as what you can do to help them sell their house. With expert advice, we created this guide to help you navigate this often-difficult journey. Triggered by abnormalities in the brain, dementia is an umbrella term that covers a variety of medical conditions. Alzheimer’s is responsible for 60% to 80% of dementia cases, according to the Alzheimer’s Association. A dementia diagnosis doesn’t strip away a person’s power to make their own choices. This is true even for major financial transactions, like selling a house. “Simply being diagnosed with dementia doesn’t mean someone lacks the capacity to sell their home,” explains attorney Letha Sgritta McDowell, shareholder of Hook Law Center, P.C. and former president of the National Academy of Elder Law Attorneys (NAELA). “They still have the same rights as everyone else — that’s really important to remember. They have the right to find a Realtor, list their house, and go to closing.” While you can’t sign sales documents for someone with dementia, you can help them avoid costly mistakes. For example, you can help review contracts to make sure everything is in order. You can be with them when they meet with a real estate agent. “The diagnosed person is still in charge, but a loved one can guide them,” says McDowell. You can also help them find a real estate agent experienced in working with seniors. Look for someone who’s a designated Seniors Real Estate Specialist (SRES), like Susan Fixsen, a top-producing agent based in Hollister, California. “Any kind of extra knowledge or education around senior life transitions, and how to successfully communicate with them, is important,” says Fixsen. Designated SRES’s also have access to articles and other resources on a variety of topics pertaining to seniors in transition, including information on new forms and changes to laws pertaining to those with dementia. If you need assistance in finding a real estate agent with the right experience, HomeLight would be happy to introduce you to some qualified candidates.Dealing with a dementia diagnosis
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