This is a terrible, but unfortunately common, situation. People often abuse powers of attorney given them by elderly family members or friends. To answer you initial question, if your father lacks the mental capacity to make this gift of his house, the transfer is null and void. However, a mere diagnosis of alzheimer's is not enough - as you know, there are significantly varying degrees of that condition which worsens over time.

I will say that you should not wait to contact an attorney. Typically, once you learn about one of these inappropriate transfers, it is indicative that others have already occurred. Our office has seen entire estates get wiped out, and then too often the clients are left kicking themselves for not acting more quickly at the first signs.

Most law firms, including our office, offer free initial consultations for this type of work. You should contact someone knowledgeable about these issues as soon as possible before planning your next steps. Good luck going forward. -Jay Mills