Selling a Florida Home When Spouse Is in Memory Care — Guardianship Guide

The Homestead Signature Problem

Florida constitutional homestead requires BOTH spouses to sign. If one spouse has advanced dementia and cannot legally sign, you need either a valid Durable Power of Attorney (executed before incapacity) or a Florida guardianship.

Durable Power of Attorney

If your spouse signed a Durable POA before incapacity, you can sign on their behalf. Must include specific real estate authority language. Title company will require the POA + doctor’s letter documenting incapacity.

Florida Guardianship Route

If no POA exists, file for guardianship in Florida probate court. Timeline: 60-120 days for initial appointment. Court supervises the guardian; sale of homestead property requires court approval.

Cost

Guardianship: $3,000-$8,000 in attorney fees for initial appointment + $2,000-$5,000 for court approval of the sale. POA route: $0 if already signed, $300-$500 if drafting a POA is still possible.

Homeinc Handles These Sales

We buy Florida homes routinely under POA and guardianship, coordinating with your attorney throughout. Close 30-60 days after court approval.

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