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David L
David L, Attorney
Category: Legal
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Experience:  Corporate, Real Estate, Estate Planning, Probate and General Litigation attorney 14+ years
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My father is in a nursing home (supposed to be for rehab) after

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My father is in a nursing home (supposed to be for rehab) after a fall and an extended hospital stay. His mind comes and goes and I'm not sure if it is dementia, infection, or medications. My oldest brother has stole from my father in the past and has my father in deep debt due to his ability to con anyone into anything. My father will not give anyone POA or guardianship and I cannot afford to hire an attorney to try to get guardianship for him. My father left me everything in his will (nothing to either of my brothers since they do not talk) and 100% of his life insurance to me. I'm also on his checking account. My brother is loading up equipment and miscellenous items and selling them at auction telling my father that he will bring him the money to the nursing home. (that will never happen)
What can I do to help? The nursing home is wanting to get my father medicaid eligible to stay there long term now.
Hello and welcome! My name is XXXXX XXXXX I will be assisting you. I'm sorry to hear of the issues with your father and your brother. Unfortunately, a guardianship appears to be the best solution. Once you file for guardianship, you can probably get a temporary order in place, which would protect your father's assets from your brother. Without a guardianship, your father has no real legal protection. The guardianship would also provide a means to bring legal action against brother, if he continues to act inappropriately with dad's assets.
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