My father added my name to the property title about a year ago. Since then, the doctor diagnosed him with dementia and not competent to handle his own affairs. Probate court is insisting I sign the property back to his name only so they can 'sell it.' Between his income and mine, we don't need to sell the house for financial reasons and HE doesn't want me to take my name off the title.
If I am POA for finances, would it be illegal and irresponsible for the court to force me to comply?
You need to consult legal counsel.
Sounds like a Guardianship/Conservatorship is in play so your POA is eclipsed by that. You need to obey the court order or appeal the decision if you disagree with it. It is likely that you paid nothing for the property interest that you received from your father so the court wants you to return the interest. The Guardian/Conservator and the Court decide. As I said, if you disagree with the decision, you need to appeal it. Refusing to obey it is not an option.
In deciding what to do for your father, the court is considering only his assets and income, not your assets or income, which may well be why the court thinks the house should sell. Especially if your father is unable to reside in it. If you live in it, maybe you can pay rent to the estate in lieu of sale. Get a lawyer to explore your options.
You should know too, that if you do not comply with the order, the court may well involuntarily divest you of the interest with another order that is recorded as a transfer. Your particpation and agreement will not be needed to do that.
Finally, if your father is incompetent, his view that he does not want you off title is meaningless. He is incompetent which is why his affairs are being managed by others.
Your question does not contain sufficient facts to be answered appropriately? How did the Probate Court become involved? Has a guardian been appointed for your father? When? Has the Probate Court issued a formal order? Under what circumstances was the order, if any, issued? I strongly recommend that you consult and retain a probate attorney.
This answer is intended to provide general information only and does not establish an attorney-client relationship. Arizona law requires a written engagement agreement between an attorney and client. Many claims and defenses in legal matters involve time period limitations. Competent legal counsel should be consulted to discuss your specific circumstances in detail.
You need to see an attorney-the court (guardianship) must be concerned that the property was signed over in an improper way.
See an attorney to protect yourself and your property.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Court does not generally suggest "illegal and irresponsible" actions.
Much more information needed by your attorney to respond to your question.
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