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Our family is in a dire situation. My grandmother is 80 years

old and her only son...
Our family is in a dire situation. My grandmother is 80 years old and her only son is doing underhanded attempts to aquire all of her assets. Behind the backs of his 3 full blooded sisters, he is trying to convince her to put her land, house, and car in his name. He has always taken money from her. The family recently found out that she got 2 credit cards in her name and gave to him. It was discovered that my grandmother pays for both of the cards with are maxed out. It seems that he plans on taking all of her assets and leaving all of the liabilities to the 3 sisters. Is there anyway that my mother and her 2 sisters can stop him from doing this?
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Answered in 12 minutes by:
6/7/2012
AttorneyTom
AttorneyTom, Attorney
Category: Legal
Satisfied Customers: 9,176
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Hello. Thank you for coming to JustAnswer. I am Thoreau and I am sending this answer to you only a few minutes after you asked your question. It would have been a little quicker, but I wanted to provide some resources and citations for you.
I'm very sorry to hear about the situation. Mississippi has passed the Vulnerable Persons Act (VPA). The VPA makes exploitation of a vulnerable person a crime, and an elderly individual can constitute a vulnerable person if age has made her incapable of adequately protecting herself from exploitation. The Act can be found in Mississippi Code Section 43-47-5 (you can read it here: http://law.justia.com/codes/mississippi/2010/title-43/47/43-47-5/). You can report exploitation to the Division of Division of Family and Children's Services and Adult Protective Services here: http://www.mdhs.state.ms.us/fcs_aps.html. The Division will then investigate the matter and he can be charged with a crime. Further, as you know and as you briefly mentioned, if your grandmother is incapable of managing her own assets, it's possible to petition to establish a conservatorship according to Mississippi Code § 93-13-251. In that process, she would have the opportunity to show that a conservatorship is unnecessary and other relatives (including her son) would have the opportunity to try to show that they are best suited to be her conservators. The judge would then decide if she needs one and, if so, who would serve her interests bests.
I would again like to tell you how sorry I am that your family is going through that. It's very discouraging to see a family suffering from one member's greed, especially when it involves the victimization of a member of the family. I hope that things resolve in your grandmother's best interests and I wish you all the best.
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