Hello. Thanks for requesting me.
As long as the legal guardianship has not been removed, it does not change anything. I assume she gives him very limited responsibility with his money.
Yes, very limited or he would spend whatever he has or his kids would talk him out of it... And we're not talking a lot of money or even value for the property...
But her goal is to have him able to manage his money when she passes... I'm not sure if that will work but she's thinking that she can release the SS part and still keep someone from taking his property
The only danger this could be something his children use to argue at some point down the road that he is not in need of a guardianship, and his guardianship should be removed. If that happened, he would have the power to contract.
Okay, so then how can I protect the property so he has a place to live and no one can get to it until he passes... His kids can have it after that, I don't really care...
The key here is to keep it under a guardianship, or your mother can pass it to you, trusting that you'll allow him to live there for the remainder of his life.
Okay, I'll talk to her... thanks...
Glad I could help.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).