Selling dads truck and need some help

CHenry · Mar 29, 2020

Dad is done driving and I will be selling his pickup soon but, what if hes unable to sign his name on the title? Actually he is unable so how do I go about getting the title work done?

If anyone is interested, its a red 2014 F-150 in pristine condition. Net sure of mileage but I'd guess 50k or less. CC 5' bed Lariat package I believe. I'll post it here in the classifieds with pics when I get ready to pull the trigger.

chazroh · Mar 29, 2020

Is there a power of attorney?

CorpsVet · Mar 29, 2020

He can sign a Power of Attorney. Either one limited to the sale of the truck, a general power to cover all transactions, and even what is known as a Durable POA that is still effective if he becomes incompetitent.
Most POA's lose their effectiveness upon becomming incompetant becasue POA's are considered revocable, so if a person can no longer revoke, the law, in effect revokes it for him, not so with a Durable POA.
POA's end with the death of the grantor, but then the decedent's personal representive, appointed by the Court, can act on the decendnt's behalf.

Consult an attorney NOW, while he is still competent. POA's are relatively inexpensive. If you don't get one before he becomes incompetent, then the Court can appoint a guardian, which is more expensive than the POA.

Hope this helps

CHenry · Mar 29, 2020

CorpsVet said:
He can sign a Power of Attorney. Either one limited to the sale of the truck, a general power to cover all transactions, and even what is known as a Durable POA that is still effective if he becomes incompetitent.
Most POA's lose their effectiveness upon becomming incompetant becasue POA's are considered revocable, so if a person can no longer revoke, the law, in effect revokes it for him, not so with a Durable POA.
POA's end with the death of the grantor, but then the decedent's personal representive, appointed by the Court, can act on the decendnt's behalf.

Consult an attorney NOW, while he is still competent. POA's are relatively inexpensive. If you don't get one before he becomes incompetent, then the Court can appoint a guardian, which is more expensive than the POA.

Hope this helps

Good info. So would mom have to be the POA or could I do it above her? Her decision making is also getting very poor and I want him out of the nursing home to live with me with help from Hospice but mom refuses to do that.
Thats a whole different issue than the sale of his truck I know but sorta related.
Also hes on lockdown in the nursing home and I dont know how we'd get his signature - if he can even write it.

Perplexed · Mar 29, 2020

I would imagine the nursing home staff has experience with POA’s. They might be able to help you get that done.

Good luck with your difficult situation.

CorpsVet · Mar 29, 2020

CHenry said:
Good info. So would mom have to be the POA or could I do it above her? Her decision making is also getting very poor and I want him out of the nursing home to live with me with help from Hospice but mom refuses to do that.
Thats a whole different issue than the sale of his truck I know but sorta related.
Also hes on lockdown in the nursing home and I dont know how we'd get his signature - if he can even write it.

The grantor of the POA can designate whomever (s)he desires to. Doesn't even have to be a relative. The POA needs to be notorized, if he can't understand what he is "signing" then a guardian should be appointed. If he understands what he is doing the signature does not need to be perfect and the notary being present can state he understood what he was "signing". Bottom line, consult an attorney.
If Mom is becomming incompetent, she may also want to do a POA.
With you wanting to move him, and she objecting, I would advise asking the Court to appoint a guardian.

CHenry · Mar 29, 2020

CorpsVet said:
The grantor of the POA can designate whomever (s)he desires to. Doesn't even have to be a relative. The POA needs to be notorized, if he can't understand what he is "signing" then a guardian should be appointed. If he understands what he is doing the signature does not need to be perfect and the notary being present can state he understood what he was "signing". Bottom line, consult an attorney.
If Mom is becomming incompetent, she may also want to do a POA.
With you wanting to move him, and she objecting, I would advise asking the Court to appoint a guardian.

Oh boy, this is like a piece of gristle, the more I chew it the bigger it gets lol
Thanks.
Courts arent even open ATM...

CorpsVet · Mar 29, 2020

CHenry said:
Oh boy, this is like a piece of gristle, the more I chew it the bigger it gets lol
Thanks.
Courts arent even open ATM...

Once the Courts are open, the guardianship can be done. If he passes away before that, once they open a personal representive can be appointed to take care of business. Hope he can sign a POA, no need for Court action if he can.

CHenry · Mar 29, 2020

CorpsVet said:
Once the Courts are open, the guardianship can be done. If he passes away before that, once they open a personal representive can be appointed to take care of business. Hope he can sign a POA, no need for Court action if he can.

I dont know if he would understand why he's signing. Hes going down pretty fast in his mind and overall. He told mom Friday night on the phone that he had a good night and that he "spent the night with Clay in Tuttle".
Obviously he didnt and I havent lived in Tuttle for 3 years now.

Preacherman · Mar 29, 2020

I may have missed it but have you actually seen the title? If so is your mom listed as an owner as well?

Selling dads truck and need some help

CHenry

Sharpshooter

chazroh

Sharpshooter

CorpsVet

Sharpshooter

CHenry

Sharpshooter

Perplexed

Sharpshooter

CorpsVet

Sharpshooter

CHenry

Sharpshooter

CorpsVet

Sharpshooter

CHenry

Sharpshooter

Preacherman

Sharpshooter

Similar threads

Latest posts

Selling dads truck and need some help

Sharpshooter

Sharpshooter

Sharpshooter

Sharpshooter

Sharpshooter

Sharpshooter

Sharpshooter

Sharpshooter

Sharpshooter

Sharpshooter

Similar threads

Join the conversation!

Join today and get all the highlights of this community direct to your inbox. It's FREE!