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My parents are both in a nursing home both have demetia.

Customer Question
My parents are both...

My parents are both in a nursing home both have demetia. there is no power of attorney. before they became ill they gave me their folder with living wills and will. I am executor of will. is there anything I can do to stop my sister from cleaning them out.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Sc

Lawyer's Assistant: Has anything been filed or reported?

The nursing home turned her in for drawing my fathers ss. that has been corrected. the nursing home now gets his ss check

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

She is still collecting his little retirement check and sold all their belonging and spent the money, she is living in their home rent free

Submitted: 2 months ago.Category: Legal
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2/7/2018
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
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Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thank you for your patience. So, you may need to become their guardian.

If you are looking to have legal rights over an adult, which would allow you to keep out all people who would try to clean them out, then you must go through your state's court system to get guardianship. It typically starts with filing a petition, which is just a request through the courts to transfer the rights to make decisions on their behalf over to you. Once you fill out the petition, you should make three copies: one to you, one for the court, and one to the other parties (typically the wards). It is critical to understand that the courts are bound to look at what is in the best interests of the wards above all else. This means they will look into who and how the ward's health, and welfare, and safety are best going to be served. Sometimes, this can be inconvenient for the petitioner, but because the some adults cannot protect themselves, the court takes it upon itself to protect them. The bright side is that if you understand this in advance, then you will have an edge when you are dealing with the other side because you’ll be seeing this process through the court’s eyes.

Did you have any other questions for me regarding this?

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