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My cousins are forcing my uncle into a nursing home and

Customer Question
My cousins are forcing...

My cousins are forcing my uncle into a nursing home and selling his home against his wishes. What can I do for him? He is in hospital revolving from an operation.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

San Francisco Ca

Lawyer's Assistant: What documents or supporting evidence do you have?

My uncle has his home in a living trust. The daught has a general POS which excludes medical and/or healthcare decisions.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sorry auto correct . Daught has POA.

Submitted: 2 months ago.Category: Estate Law
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Customer reply replied 2 months ago
I have not gotten a response from anyone. This is a urgent question. How can my Uncle protect himself? Who should he call? He is in the hospital and will be transferred to a nursing facility. His out of state kids have had a real estate agent at their father's home already. No sale sign yet. My uncle want to change his will and POS now. Help. He lives in San Francisco California. Thank you.
Answered in 1 day by:
6/2/2018
Estate Lawyer: Lori, Attorney replied 2 months ago
Lori
Lori, Attorney
Category: Estate Law
Satisfied Customers: 2,420
Experience: Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. If his home is in a trust, is his daughter a trustee? or he the only trustee?

If he has not been declared legally incompetent, then he has the mental capacity to make his own decisions. He should immediately revoke the POA. Has he done that yet?

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Estate Lawyer: Lori, Attorney replied 2 months ago

Here's the form for him to use to revoke his POA given to his daughter -- see attached.

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Customer reply replied 2 months ago
Actually my Uncle wants to know what he can do now to regain his say over his life and home now that he knows his kids got a doctor to agree he cannot physically or mentally care for himself and the daughter has POA & medical care over him according to his present hospital doctor . Thank you.
Estate Lawyer: Lori, Attorney replied 2 months ago

He needs to revoke his POA. He needs to fight any competency hearing if his kids try to challenge his mental fitness. He is deemed mental fit until a court finds otherwise. therefore, he is able to make his own decisions and have his own say as to his life and home.

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