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My brother-in-law has recently moved my father-in-law out of…

Customer Question
My brother-in-law has recently...

My brother-in-law has recently moved my father-in-law out of his apartment & into a nursing home & won't tell us where he is. What can we do?

Lawyer's Assistant: Have you talked to a real estate attorney about this?

Why would I talk to a real estate attorney?. This is elder law.

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

Such as what?

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 10 minutes by:
7/31/2017
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,576
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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 as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Is brother in law his legal guardian as appointed by the court or does he have a durable medical power of attorney?

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Does father have a legal guardian appointed by a probate court judge?

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thanks

Barrister

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Customer reply replied 11 months ago
I know brother in law has power of attorney, That's all the info I have/know. We have a copy of will stating so.
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

A will doesn't convey any power until the testator is deceased... So the will means nothing legally right now if father is still living..

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So unless the brother has a durable medical power of attorney to take care of father, which would be its own separate document signed by father and a notary, or he has been appointed as his legal guardian through the courts, then he has no legal power to place father in law into a nursing home if father in law didn't want to go and was mentally competent to make his own decisions about his care..

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As for him refusing to disclose where father in law is, I hate to say it, but absent a court order, he can withhold that information.

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However, any other family member could file a petition for legal guardianship over father in the local probate court and then the brother would have to divulge where father is for the guardianship proceeding..

.

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thanks

Barrister

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Customer reply replied 11 months ago
Thank you for your help. Not what I wanted to hear though. We would just like to visit him & I know he would like to see us.
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

You are very welcome. Happy to help any time, even though the news wasn't very good.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

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Thanks much

Barrister

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