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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33757
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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BROTHER IS IN THE HOSPITAL AND SEDATED.WE CAN NOT GET INTO S

Customer Question

BROTHER IS IN THE HOSPITAL AND SEDATED.WE CAN NOT GET INTO HIS APARTMENT TO GET ANY INFORMATION ON CARE, CHECKS TO MAKE PAYMENTS(CO ON CHECKS)KEYS TO HIS CAR, ETC. I AM IN FLA , MY SISTER IS THERE RIGHT NOW. DO WE NEED A COURT ORDER TO GET IN OR GET A CONSERVATORSHIP.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If you don't have the keys to the apartment, then unfortunately yes, someone would have to file a petition for an emergency conservatorship with the local probate court to be appointed and be given the legal authority to gain access to the apartment. You would need to contact a local family law or elder law attorney to assist with filing the petition.

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The landlord likely won't let anyone in for liability reasons because if someone entered and stole all his property, then the landlord is liable to brother for letting someone in without any legal authority.

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If there is a POA in the apartment that has already been completed and executed, you might possibly convince the landlord to accompany you into the apartment and stay with you while you look for it. But that is if the landlord is very nice and accommodating as he doesn't have any legal obligation to do so. But that is what I would try first if you haven't already done so.

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thanks

Barrister

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