I have been taking care of all of my fathers business matters and his house while he has been in the va mental hospital. he has been found incompitent by a court of law. I want to mve on with my life with my husband and child but I feel guilty for just letting everything that he got just go to some one that doesn't give a crap. all of his other family has given up on him. we can't get a straight answer from him on what to do with his things or his house. he has two other childeren that are nineteen and they could care less what happens to the stuff . we can't afford a lawyer to get the matter taken care of. the house has been in the family since it was built in 1974. what can we do? and what do you think we should do? any advice would be helpful and greatly appreciated!!!!
2006-06-14 14:33:27 · 10 answers · asked by Anonymous in Family & Relationships ➔ Other - Family & Relationships
sit every down and read the riot act and lay down the lawand tellthem to get there act together and give you a hand
2006-06-14 14:40:54 · answer #1 · answered by Anonymous · 17⤊ 3⤋
Your father probably isn't able to competently make sound decisions.You didn't say where he would be staying.And if you want to sell the house and put him in a nursing home,the state will take all his assets to pay for his care.It is too late to put it in a childs name and you won't be able to get state payments for several years if you sell his home.My suggestion is that the house be sold.The proceeds will have to be divided among all the children,unless his residence is with you.In that case you may be able to obtain power of attorney.You will need an attorney for that,or legal aid.If he is getting social security retirement checks then it is fairly easy to be assigned as his representative payee.Just go to social security for a face to face interview and request that status.It takes about 30 days.The most important thing is that he gets what he deserves and lives with someone who will care for him very well.There is just no way out of an attorney,unless you get the others to sign the house over to you and in most cases that is a joke.People change when money is involved.
2006-06-14 21:44:27 · answer #2 · answered by Elizabeth 6 · 0⤊ 0⤋
You forgot to state anything about your mother - whether she's still alive or not and if she's alive, have they got a divorce - which would have helped me answer your question readily.
Anyways, since you did not say a single thing about her, I would answer your question the best way I could without referring to her anymore. Private lawyers' fees are expensive. If there is a public lawyer in your community, you might as well ask his advice about your problem. If there is none, try to see with his business associates if, during his sanity, he was able to prepare a document about a Special Power of Attorney, or a will, or a hand-written letter as to who he wanted to become his personal administrator. If he happened to produce even one among those prior to his having that mental problem, you could use that by all means to alleviate your problem.
The personal administrator or the person specified on the special power of attorney document could legally help you dispose all the properties of your father and even appoint someone else to take care of his business if it a single proprietorship meaning your father alone is its owner. If it isn't, then his partners or co-investors could manage to continue the business without it having to suffer losses from your father's absence.
That administrator or person with S.P.A. has all the legal rights to take care of your father's business affairs and personal properties at this time that he is suffering from a mental disorder for as long as it is stipulated or stated on the document. Check that out! You might be very lucky to discover that he has prepared something to that effect.
Meanwhile, I'm sure that all over the world, those who have read your question, just like me, would help you with our prayers for your father's well-being and recovery before it's too late that all that he had worked for would just turn to ashes for nothing.
Good luck and God bless.
2006-06-14 21:52:28 · answer #3 · answered by Ruzzo 4 · 0⤊ 0⤋
Now that's a tough one. I would hang in there - your father in all likelihood WILL get better in time. (Try Dianetics.) In the mean time ask the VA people to get you a lawyer, or befriend one - I'm sure you could convince someone to help out a fellow veteran.
I don't know about the business so I can't comment on that, (write me and then I will), but his things could certainly be kept in a storage unit. The house could be rented out so if he gets better you can eventually get it back when the lease runs out - maybe an annual one. Make it work - you can do it.
2006-06-14 21:38:34 · answer #4 · answered by thedavecorp 6 · 0⤊ 0⤋
ok first of all never ever give up ona human being. especailly when it is ur father. i know it's stressing u but u should not let it. do all that u possibly can. u should get a straight answer or draw a document up and have him sign that will give u custody of his possesions. then sell the house if no one wants to live in it. take the money and take a serious vacation from all the stress u had dealing with the house.
2006-06-14 21:38:02 · answer #5 · answered by sexyindianroyalty 2 · 0⤊ 0⤋
Why not rent a storage unit and keep all of the things there until everything can be sorted out. Go to www.judgejoebrown.com for legal forms. Have all ot the family sign an agreement to let you dispose of the items, sell them or keep them. Does he have a will?
2006-06-14 21:38:44 · answer #6 · answered by notyou311 7 · 0⤊ 0⤋
first talk to the VA and find out if he'll be released...what they diagnose might not mean he has to live in a padded room or can't make decisions...he may want to keep his house...his buisness is another issue...sell it..
lawyers work for free and get paid at the end if they know there is money waiting to be freed up
2006-06-14 21:39:20 · answer #7 · answered by m37734 4 · 0⤊ 0⤋
well --power of attorney lies within the spouse--if there is no spouse--then it is up to the eldest child of the immediate family what happens to the stuff--its hard to give up on those you love---but life goes on when there doesnt seem to be any hope--in fictional world everyone should split everything or sell it all and pay off any taxes or bills and stuff with the money then split the money with the immediate family--being wife or sons and daughters--
when my grandparents passed away--thats what 4 members of family did-- and they are happy they did it
2006-06-14 21:43:31 · answer #8 · answered by lhardwick69 2 · 0⤊ 0⤋
TIME TO LET GO OF THAT LIFE, SORRY. IT IS HARD.
why not buy the house if you want it. since the other 2 dont want it.
have to learn to let go of the past. sorry.
cant you talk to someone from the va hospital.?? maybe they can help.
you deserve to have a life with YOUR family now.
2006-06-14 21:39:10 · answer #9 · answered by cats3inhouse 5 · 0⤊ 0⤋
I think that you should rent the house. I think that it would be great to save the house for your child.
2006-06-14 21:38:52 · answer #10 · answered by lover_jessie05 2 · 0⤊ 0⤋