Today's Title Tip discusses the proper handling
of the sale (or purchase) of a residence on behalf
of a disabled person.
Transfers Involving Disabled Persons
by Sarah Holdener, Esq.
handling a transaction where the seller or buyer is a representative
of a disable person, it is important to notify the title company early in
the process to give all parties ample time to resolve any issues before
closing. An example of a typical situation where this issue arises is
mother just moved in with me (or into a nursing home) because she is no
longer physically capable of taking care of herself. How can I help her
sell her house?
appears that your mother may be prevented from participating in the closing
process due to a physical handicap and not because she is mentally
incompetent. If this is the case, and if she has not previously
executed a power of attorney, you may want her to sign one now. In
order for your mother to transfer her property without appearing at
closing, the title company will require you to present an original, validly
executed and notarized power of attorney naming you as her attorney in
fact. You should have this document prepared by or reviewed by an
attorney specializing in real estate, who is licensed to practice law in
the state where the property is located, before you use it to handle your
motherís real estate transaction. This document will be recorded in the
County Recorderís Office with the warranty deed, so be careful not to
include social security numbers. A more detailed discussion of Powers
of Attorney will be provided in a future Title Tip Newsletter.
If you mother did not execute a power of attorney when she was
of sound mind, and is no longer mentally competent, you may need to
institute guardianship proceedings. It is always advisable to consult with
an attorney who specializes in this area for assistance in obtaining
guardianship over your motherís estate as this proceeding will affect more
than just the transfer of her real property. After obtaining
guardianship of her estate, you will need to file a petition with
the Clerk of the Court to get the courtís permission to sell
or purchase assets for your motherís estate. The title company will require
this order from the court approving the transaction before the we are able
to proceed with closing.
For more detailed information or advise, please consult with an attorney
specializing in guardianship proceedings, or visit the Illinois State Bar
Associationís Lawyer Finder website (www.illinoislawyerfinder.com) to find a
lawyer in your area.
Any questions can be directed to Benchmark Title at
618-239-3750. Please feel free to call or email:
Serving you from three convenient locations:
1124 Hartman Lane
Shiloh, IL 62221
Escrow Fax: 618-239-3707
Title Fax: 618-239-3757
Fax Orders: 618-310-1589
President: John Howe
318 North Main St.
Columbia, IL 62236
4215 S. State Rte 159
Glen Carbon, IL 62034
Manager: Sara Sowell
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Miller, attorney and Commercial Division Manager for Benchmark Title
Company, has been examining and closing Commercial transactions for 10
years. Doreen has 17 years title insurance experience with some of
the largest title insurance companies in the nation. Before joining
the title insurance industry, Doreen obtained a nursing degree from the
University of Illinois and worked as a nurse for one year before starting
law school at DePaul in Chicago. Following graduation Doreen spent
two years in private practice with attorney Mark Weber in Robinson,
Illinois, where they focused their practice on business and municipal
law. Doreen is licensed to practice law in Illinois and before the
Federal Courts. She resides in Swansea with her husband, Scott
Miller, and her four children, Patrick, 21, Jane 17, Danielle, 10, and
Gabrielle, 7. Doreen can be reached at 618-239-3750 or by email