When a parent or loved one is preparing to move into retirement living, long-term care, or memory care, families are often faced with many decisions at once. One of the most important — and often misunderstood — questions is who has the legal authority to make decisions about the home.

For families across Simcoe County, understanding this early can help prevent delays, confusion, and unnecessary stress during an already emotional transition.

Do your parents or loved one need more care than they currently receive in their existing home? Learn how you can Help a Parent Transition to Care While Selling Their Home in Simcoe County.

What Does “Legal Authority” Mean in Real Estate?

In the context of real estate, legal authority refers to who has the right to make decisions and sign documents related to a property.

When selling a parent’s home, authority may rest with:

• The homeowner themselves
• Someone acting under a Power of Attorney for Property
• An estate trustee (executor)
• A court-appointed guardian of property

Clarifying who has decision-making authority is an essential first step before listing or selling a property.

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When the Homeowner Has Capacity

If a parent owns the home and has the capacity to understand the transaction, they remain the decision-maker, even if adult children are helping with planning. Capacity is not determined by age alone.

Many seniors in Simcoe County are fully capable of making informed real estate decisions. Respecting this is both ethically important and required under Ontario real estate regulations.

Power of Attorney for Property

In many care-transition situations, an adult child or trusted individual may be acting under a Power of Attorney (POA) for Property. This document allows the named person to manage financial matters, which may include selling real estate. Families should be aware that:

• A POA for Personal Care does not authorize the sale of a home
• The POA must be valid and in effect
• The scope of authority should be confirmed by a legal professional

A Realtor may ask to confirm that authority exists, but legal interpretation is always handled by a lawyer.

Estate Trustees and Probate Situations

If the homeowner has passed away, authority to sell the property typically rests with the estate trustee or executor named in the will. In some cases, probate or additional documentation may be required before a sale can proceed. This process can vary depending on the estate and should be guided by legal counsel.

Court-Appointed Guardianship

In less common situations, a court may appoint a guardian of property to manage a person’s assets, including real estate. These cases involve additional legal oversight and timelines, and early clarification can help avoid complications.

Why Legal Authority Matters When Selling a Parent’s Home

Attempting to sell a property without proper authority can lead to:

• Delays in listing or closing
• Legal complications
• Family disputes
• Increased stress for everyone involved

Clarifying decision-making authority early helps protect all parties and allows the real estate process to move forward smoothly.

The Role of a Realtor During Care Transitions

Our role during a care transition is to:

• Ask the right questions early
• Ensure the appropriate decision-maker is involved
• Explain the real estate process clearly
• Coordinate with legal professionals when needed

Realtors do not provide legal advice, but they play an important role in helping families understand what information is required before proceeding. Remember …

Selling a parent’s home during a care transition is about more than real estate — it’s about family, responsibility, and significant life change. Understanding who has legal authority is one of the most important foundations for a respectful, well-managed sale.

Learning about this early can help families in Simcoe County feel more confident and prepared, even if no immediate decisions are being made.

Do you have questions or want personalized guidance when helping someone during a life-changing transition? Our Barrie real estate agents can help. Reach out to us today at 705.305.4174 or email hello@weeksgroup.ca to learn more.