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John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience:  Over 15 years legal experience.
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Hello, I built a home for my parents in North Carolina but,

Resolved Question:

Hello,
I built a home for my parents in North Carolina but, I live in Virginia. I had the deed put in my name from the beginning. Later, I deeded it to them. My dad had past away. Mom still lives.
Mom deeded the house back to me in August 2009. In September of 2009, the clerk-of-court in mom's home town founded mom incompetent, not a licensed physician. I was sued by my sister saying that I took the house from her. The judge stated that they were going to reverse the action taken by mom for deeding the house back to me and giving herself a lifetime rights in the house for she was incompetent when she had the papers done in August 2009. Well, we went to the court house in July 2011 and the record shows that mom has no property but is deceased according to the tax records, and that the property has been put in my name.
The department of social services wrote me a letter stating that I can not visit mom unless someone from DSS is with me. There is no restraining order from the sherriff office. I still live in Virginia.
Can DSS restrain me from going on my own property and to see mom or continue to take care of her? The clerk of court gave them temporary guardianship on August 23, 2011. This letter was written on Sept. 1, 2011 and postmark on September 8, 2011.
Submitted: 2 years ago.
Category: Legal
Expert:  John Legal replied 2 years ago.
Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

Who did the clerk of court appoint as guardian of the person of your mother or as general guardian for your mother?
Customer: replied 2 years ago.

Hello,

The court appointed DSS as guardian of mom and a guardian of mom's estate as well. She no longer has an estate for the estate was resolved in August 2009 before going to court.

Expert:  John Legal replied 2 years ago.
Unfortunately DSS can prevent you from seeing her. Your mother has control of the property during her life. Since she has been declared incompetent, DSS controls your mother and her life estate.
Customer: replied 2 years ago.

I just answered the question. What am I to do next?

Expert:  John Legal replied 2 years ago.
Do you see my response above? If you have no follow up questions I would appreciate you clicking the Accept button. Thanks, John.
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
John Legal and 8 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
I am new to this as you can see. My question was referred to you I was thinking my question was referred to you. I answered what I thought was your question about the guardianship. Now, are you asking me to pay again before you answer that question. If this is how it goes, I understand. I called the HELP hotline before answering you but, they are closed on the weekend.
Expert:  John Legal replied 2 years ago.
No, I am not asking you to pay again. My answer is reposted here. Please reply if you have a follow up question:

Unfortunately DSS can prevent you from seeing her. Your mother has control of the property during her life. Since she has been declared incompetent, DSS controls your mother and her life estate.
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
John Legal and 8 other Legal Specialists are ready to help you

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