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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13311
Experience:  Experienced in multiple areas of the law.
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I am the legal executor of my mother in laws estate (really

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I am the legal executor of my mother in laws estate (really isn't much) however now she is critically ill in her home and has 2 of her adult children staying with her. Supposedly as she is not with us for much longer they are taking care of her meds with hospice and it's about keeping her out of pain which I completely understand. However other family members have told me the meds are not all accounted for and the 2 that are there have pretty heavy scripts themselves. They will not allow me to talk to her on the phone and are now posting items from her home (generator today) for sale online. I am expecting a call from hospice tomorrow but how can I make sure she is safe and fulfill my agreement?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sandpoint, Idaho
JA: Has anything been filed or reported?
Customer: not so far...I'm unsure how ton go about that
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm so worried about her and In don't know what to do but this is my responsibility

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Good evening,

I'm very sorry to hear about your mother-in-law. Your duties as the executor don't actually start until she passes away and you are appointed by the court, and your duties are to settle her estate.

If you are her attorney-in-fact under a Power of Attorney and it gives you authority to do so, you could make the children leave the home. Additionally, you could send the POA to all of her doctors, hospice, etc. and insist that they deal only with you directly. If there is no POA, and your mother-in-law is not willing to appoint you, or no longer has the competency to sign such a document, you could petition for guardianship of her, but doing so is a complex, and generally costly process.

Customer: replied 2 months ago.
What can I do as a concerned family member to document all the transactions to the law?

I don't know what kind of proof you may have, but definitely hold onto anything -for example, if you found a Craigslist ad or ad on Facebook selling her things, and you don't believe she granted consent, print the ad or take screen shots. If family members are willing to give statements about missing pills, you should have them write something up. If they can get photos of items that might be missing from the house (if her kids are selling her things -yes, I've heard of it happening in situations like this) that would be great too.

If you believe they are abusing or neglecting her, you may also wish to contact a local Area Agency on Aging. The Idaho Commission on Aging helps provide services to reduce or eliminate risk of harm. You can find all that information here:

https://aging.idaho.gov/protection/

Customer: replied 2 months ago.
Wow...excellent advice.

My pleasure to help. Please remember to click on the stars to leave a positive rating so that I am credited by the site for my help this evening. Thank you!

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