HOMEOWNER WITH DEMENTIA WANTS TO SELL HIS HOME. WHAT WOULD YOU DO?

Definitely you'll need an executor of their trust or someone who has power of attorney.  I think you'd be spinning your wheels or you'd be in big fat trouble if you didn't get use intercessor.  You don't want to be accused of taking advantage of someone not of sound mind.

Because they are married the Property is held in Tenancy by the Entireties. This is joint tenancy between husband and wife with the right of survuvorship.  The deed or other instrument of conveyance does NOT have to state expressly that a tenancy by the entireties exists. If the parties are truly husband and wife, the estate is implied. (In Florida at least)   A durable Power of Attorney should be executed when he is coherent.  An Attorney should be hired to construct that document.

However, in order to enter into a valid contract, the parties must:

1. Have Contractual capacity (competent parties)  A client with Demenia does not have contractual capacity it would be argued.
2. Offer and Acceptance
3. Legality of object
4. Must be in Writing & Signed
5. Consideration must be made

Note: Ways an Offer is Terminated

Insanity is a viable way in the state of Florida, along with withdrawl, laspse of time, Death, a Counter Offer, Acceptance, Rejection or Destruction of the Property.

This is a hypothectic question but the unanimous answer is seek competant legal advise.

It would be difficult to get a power of attorney if he is not competent now because the POA would have to be signed by him and notarized.  Also a General POA cannot be used for Real Estate transactions in some states.  A Specific Power of Attorney provided by an Attorney, Settlement Attorney or Title Company may be what you would need.  I am in Virginia and that is how it is done here.  I worked with a client w/dementia but I was working with his Guardian w/court approval to sell the home.  It is very complicated but I am also a paralegal and knew what steps to take.  If he is competent at certain times, but is not at other times, then maybe talk to an attorney about preparing a Quit Claim Deed to give all interest to the other party (if this doesn't cause other issues, always check with an attorney for tax issues also).  Contract is only voidable if someone is going to bring up the issue.  If there are any parties that feel they have an interest or a concern with the party that is selling the property, then it is better to seek legal advice before making any decisions.  I am not an attorney and I am not giving legal advice, just simply suggestions.