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SPECIAL CONSIDERATIONS WHEN WORKING WITH SENIORS IN MISSOURI


When working with seniors, there may be special considerations associated with acquisition and disposition of real estate not commonly associated with the typical sales transaction. Such special considerations may include:
 
Incapacity of an owner to execute a deed. Use of a power of attorney to execute a deed and/or close the sales transaction. Conveyance of title to or from a trust. Death of co-owner. Tax related issues associated with the disposition of real estate such as estate tax and capital gains tax. Medicaid recovery actions and recapture liens. Estate planning issues associated with the manner in which a property is conveyed.  
Incapacity of Owner
When dealing with seniors, issues may arise because the owner of the property is incapable of selling and conveying title to real estate due to a physical disability or mental impairment such as a stroke, the onset of dementia, etc. As a general rule, a person deemed incompetent lacks the capacity to sell and convey title to real estate. Notwithstanding this general rule, the simple diagnosis of a medical condition is not determinative. Whether a person is incompetent or otherwise lacking the capacity to sell and convey title is a fact intensive inquiry ... more

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