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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38228
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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My sister who is 84 yrs old and has Alzheimer's,lives with

Customer Question

My sister who is 84 yrs old and has Alzheimer's,lives with husband,she work all her life and saved her money,she never wanted him to have her money,but he has taken all her money out of her accounts,She doesn't know this,he has guardianship or something over her,I want to know if there is something I and her family can to put her money in a trust and have her put names she wants on it,she may in time have to go to nursing home then money will go for it,I don't trust her hisband.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Boulder Colorado
JA: Has anything been filed or reported?
Customer: I only do husband said he saw Judge for guardineship for her ,he won;t tell me a lot.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option,but it is optional.

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Unfortunately, if he is her legal guardian, then he has already been appointed by the courts to handle her finances and her care and is in complete legal control of her assets. That would mean that she is legally incompetent and whatever estate plan she had, if she has one, would control what happens to her personal assets when she passes.

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So I hate to say it, but her family would have no legal standing to try to protect her money from him. As her husband he as a higher priority legally to become guardian if he wasn't already guardian.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers withlegally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Barrister