Mom now in care home with dementia.
She got steadily worse over the last few months and we will have to start paying fees. We now have a problem the home saying mom doesn’t have mental capacity for decisions. The sale contract as been received from solicitor but has to be signed by mom. I don’t have power of attorney. What can I do?
In the era of Corona, this is not likely possible. Agree with pp, in the era of Corona, you may have to consult lawyer and get guardianship. ugg.
I'm assuming you're in the UK since you used the word solicitor; have you contacted him or her to discuss options? It may even be that she did execute a limited POA for sale of the house and left it in trust with him or her.
I don't know anything about UK law, so I won't try to offer any other suggestions but I do think that contacting the solicitor is your first step.
Who exactly at the nursing home told you she lacks capacity? How was it determined? Just by observation, or by a medical professional?
Assessment of mental capacity has to be specific to the decision in question - so you can't just catch her on a bad day and decree that she can never again make a major decision, for example.
My first step would be the OPG; I would also expect the solicitor to have a colleague with the right specialist experience to assist with this. Certainly don't despair - it may be a pain, but there will be a way round.