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My 70 year old Sister's husband 71 was in a accident (not he's fault) back in March 2012 and died April 1, 2013 (never left the hospital (head injury). My concern is that the Lawyer she hired has taken over her and He even said to her that she did not want to live with me, I'm her only living close relative with my 4 children (46,44,41 & 29) and I have always been the one to help her with any & allproblems when they got into trouble. Would her living conditions, her having problems with driving (stopped 3 times for weaving all over the road, getting lost, didn't know where she's at and can't remember (she admitted to me her mind is not clear) & not telling the truth. I could go on with many more. If these facts are TRUE and can be proven, would they prove her incompetence? She has not gotten a settlement (asking for $8,000,000.00) but I have always helped when she had no money. The Attorney's clerk has her head so far up my Sister, it makes me question her motive. I feel they may be taking advantage of her . Can I do anything to protect her . Thanks, Meme Response: I am sorry to read about your sister's difficulties. You need to file for Guardianship of her person and Conservatorship of her estate. Once appointed, you would give a notice to the Attorney's Office so that the Attorney's Office would know that you are now the one that they must deal with and not your sister. Since your sister has admitted to you that she is not well, she may cooperate in letting you take control of her affairs. The Petition for Guardianship and Conservatorship would be filed at the Probate Court in the County where your sister resides. You can get the forms at the Courthouse in the Clerk's office. To find the correct Probate Court, click on this link
I'm really concern about what's happening to her and I do not enjoy having to do this. Do the things I stated to you make this a case of incompetence? I'm torn with having to do this but can not wait for something bad to happen. Will I need to hire a Lawyer to see this thru?
I'm really concern about what's happening to her and I do not enjoy having to do this. Do the things I stated to you make this a case of incompetence? Response 1: Yes. I can appreciate how uncomfortable this endeavor may be for you. However, if you do not do this and your sister gets hurt very badly, you would be forever hunted for not doing something to help her when you had a chance. Explain to your sister what you are doing and why you are doing it. She may surprise you. I'm torn with having to do this but can not wait for something bad to happen. Response 2: You should do this. Will I need to hire a Lawyer to see this thru? Response 3: Not really, but if you are not comfortable navigating the Court system, you may consider hiring a local Attorney who handles estate/probate matters to assist you with the case. You can use the following sites to find local estate/probate litigation Attorneys: lawyers.com justia.com
Thank you so much. You have made me feel that the things that have been happening justify the actions I will have to take to protect her.
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