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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My 52 yo Son is disabled and has developed severe paranoia.

Customer Question

My 52 yo Son is disabled and has developed severe paranoia. As a result, he has not been responsible in making his 2 mortgage payments and a second mortgage payment. He is currently in the hospital and being detained involuntarily and may not be able to get back in his home for several months. He has no durable power of attorney, he has never been married and has no children. He has two grown sisters and me. However, because he is competent to make decisions, I am unable to help him or get any information on his condition. He has told everyone not to give out any information on him. And he will not sign a durable power of attorney. So, a few days ago, I was driving past his house and noticed a paper on the ground by his gate. It had blue tape on it and I assumed it had been taped to the fence. I picked it up--very soaked with rainwater, dried it out and realized it was a notice of default and he is being threatened with a public auction of his property. Should I return this notice to the sender? The doctor did not think it was a good idea to bring it to the hospital as it may not be good for his recovery.Is there a legal way for me to intervene without his permission? Any help would be appreciated. Also..his only means income is $1200 disability check. Thanks again, Wanda Levien,(###) ###-#### ***** I live in Seattle, WA
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You can petition the probate court to make you the adult guardian or conservator of your son. You would have to go to court and make the argument that, even though your son is not incapacitated, that he is unable to properly administer his estate and that you should be appointed in a fiduciary capacity to assist him until he gets right.

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