My mother is an elderly widow. Although she owns an apartment she has been living with me and my wife for several years because she could no longer live alone or manage her affairs due to a severe deterioration in her mental health . We are short of space now as our own children need their own rooms. If both my mother’s apartment and ours are sold, we can buy a villa together with a parent’s unit. How can this be done given her situation ?By: דיאנה שאלתיאל•Published on: 19 May, 2022
Where an elderly parent has reached the stage where he/she can no longer manage his/her affairs it is possible for an adult child to ask the court to appoint him/her as the parent’s legal guardian. He/she can only act for the parent’s good and has no powers to act for his own benefit, even if his future rights from inheritance are involved. If the appointment is made then the guardian will have to apply to the court for instructions/permission to sell the parent’s property and buy part of another property. Where the court authorizes a sale of real estate within the framework of a guardianship case, it makes sure that the rights of the person lacking legal capacity are guaranteed, particularly regarding the registration of the equivalent value of that person’s rights in any real estate purchased jointly.