The home we currently live in has my mother's and my name on the deed. She is living elsewhere. We for years have been going to take her name off the deed but just never got around to it. She recently suffered a stroke and now more than ever need to get this settled. Problem is her language was severely affected. I have Power of attorney over she and my fathers assets. Can I transfer this myself? Just curious what protocol is for this type of thing?

What does her speaking ability have to do with anything? Is her thinking ability intact?

You could probably sign a deed pursuant to the POA, but if possible it would be best if she signed, so as to avoid an appearance of impropriety.

She is of sound mind but her ability to express herself in speech or writing is not. She can not sign her name and can not say it either.

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Originally Posted by woogy

She is of sound mind but her ability to express herself in speech or writing is not. She can not sign her name and can not say it either.

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It's simply a matter of her putting a mark on the document; an "x" or whatever. A notary should be present to attest that she did so and, if required by your jurisdiction, signified (by a nod, perhaps) that the mark was her voluntary act for the purposes indicated in the deed. Can she read the document?

Or, as I said, you could probably do it under your POA.

For something this important, you should consult with an attorney in your jurisdiction.

I agree with AK. As long as her physician can attest that she is of sound mind, then a notary can witness her making a mark or even some clear indication of agreement.