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niguk | 05:21 Wed 23rd Apr 2008 | Law
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My stepmother had the family house signed over to her after my Dad underwent brain surgery. He was left a virtual vegetable and has been in care ever since. It transpires that she had a solicitor draw up the papers for the house deeds to be placed in her name only, removing my dad from the deeds. My dad is not capable of feeding himself, talking, walking or holding a pen. How did she manage to accomplish this. She did ask the nurses at the home to witness and they declined saying he was not in his right mind. Has the law been broken?

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If she forged his signature she has committed a criminal offence (& presumably she got someone to witness the forgery, or else forged witnesses signatures as well?)

As you say your dad cannot hold a pen, another possibility is that she has power of attorney. If so, she could effect the transfer. But the power of attorney would normally be an enduring or lasting one, & various relatives (probably including yourself) should have been notified that it was to be made effective.

What exactly did she ask the nurses to witness? If he can't hold a pen what were they supposed to be witnessing, as it would not have been him signing?
Question Author
She wanted the nurses to say they witnessed my dad signing. They quite rightly refused. She has never informed us of power of attorney. I know that when my Dad dies she will get the house anyway, but my worry is that she now has the power to sell it and leave with all his money.
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I have just found out that the house was in Dads name only. She has removed his name and put her name on the deeds instead. How did she do this? I spoke to the family and none of them have had contact regarding power of attorney.
You need to collate all the evidence that you have and go and see a lawyer, Pronto. The house may not necessarily have gone to her. Your dad may have a will and made provisions for you.

I smell a rat!!!

Good luck and keep us posted

J
Question Author
He has made a will. I am not fighting for the money for myself but for his upkeep should she disappear. I also have found out that she took him out of the nursing home to have the papers signed, in his night shirt!!!! Can I put something on the house that will stop her selling and disposing of family photo's while this is cleared up?

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