When a loved one enters an accommodation facility for the elderly, the question arises of the fate of their home which has become empty. How can you sell it when your parent is weakened or no longer in his right mind? Depending on the situation, several solutions allow the family to act.
First of all, moving into a retirement home does not necessarily imply the sale of the house or apartment. The spirit of the law is rather the opposite, with regard to people whose mental or bodily capacities are altered: “The dwelling of the protected person and the furniture with which it is furnished, whether it is a primary or secondary residence, are kept at their disposal for as long as possible” (art. 426 al. 1 of the civil code).
However, we must face the facts: very often, the parent’s income is insufficient to cover the costs of accommodation in a retirement home and maintenance of the property. The sale is then inevitable. Whatever the reason that pushes your parent to give up their historic home, and even if it is diminished due to their age, the decision is up to them.
Consequently, you must respect their wishes, whether to sell or keep the property. Depending on his state of health and his ability or not to consent to important acts, you may be authorized to accompany him in his procedures, or even to represent him, in the most serious situations.
Medical advice
If your parent has the capacity to express free and informed consent, it is up to them and them alone to decide whether or not to sell their apartment or house, to rent it or even to leave it free of any occupation. If he opts for the sale and wants you to help him in his efforts (for example, because he no longer has sufficient energy), he can entrust you with a power of attorney. Your parent then gives you the power to carry out in their name and on their behalf the sale of their real estate.
The difficulty for the notary in charge of drafting this power of attorney is to assess whether the principal is of sound mind or not. During an appointment at the office, or in a retirement home if he agrees to travel, or by videoconference, since this act can now be established remotely, the notary will initiate a dialogue, with questions simple. In case of doubt, due to inconsistent comments, for example, he will seek medical advice. Because the risk, if your parent presents problems, is that the sale will subsequently be called into question.
You have 60% of this article left to read. The rest is reserved for subscribers.