My grandmother is in the nursing home for a broken hip and has been declared mentally incapacitated. My aunt can't get control of her money through becoming executor of her estate because my grandmother can't sign over her accounts so that she can keep her in the nursing home. Medicaid won't pay for anything to my grandmother's assets are gone so how does my aunt get control of the money with granma not being able to sign?
2007-02-18 07:51:08 · 11 answers · asked by Angela F 5 in Politics & Government ➔ Law & Ethics
That person would be called a conservator.
2007-02-18 07:55:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It is called a Guardian. You can go to a local attorney and file for guardianship yourself, considering that your grandmother is mentally incapacitated, which means she cannot sign for herself. You would have to obtain the services of the attorney.
As for your aunt, if she is the executor of the estate this makes her in charge of your grandmother's estate. As the executor, your aunt must inventory the assets, pay creditors, and generally protect the estate until it is distributed. Under no circumstance is your aunt allowed to convert your grandmother's assets to personal use or waste them. If your aunt breaches her duty as executor, she can face criminal charges. Your aunt can only fulfill this position if your grandmother has passed away unless your grandmother has a "living will" requesting her to do so if she became mentally incapacitated. In other words, if there is no living will, your aunt must file for guardianship.
2007-02-18 12:13:05 · answer #2 · answered by Çåŗőľîņẫ§ħŷġĭ®ł 5 · 1⤊ 0⤋
A guardian. She needs to hire a lawyer who will file a petition to have her appointed guardian of your grandma.
I read the suggestion about Power of Attorney. It won't work because she is mentally incompetent and therefore has no capacity to sign a power of attorney.
Believe me, the POA route just will not work. I am a lawyer and know a bit about this. Even if your grandma signs a POA it is subject to attack as being invalid due to her lack of competence. If the POA is used the person using it is personally at risk.
2007-02-18 07:54:54 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It is called "Power of attorney" this will have to be granted by a judge who has reviewed your grandmothers case. After it is granted then your aunt will be the one in control of her affairs.
2007-02-18 07:58:08 · answer #4 · answered by Michael M 2 · 0⤊ 1⤋
your aunt needs to file a motion with the courts to become power of attorney over your grandmother
2007-02-18 08:43:58 · answer #5 · answered by glamour04111 7 · 0⤊ 2⤋
What you need to get is called a Power of Attorney. Talk with a lawyer regarding your situation. You may have to get a Judge to order this.
2007-02-18 07:56:29 · answer #6 · answered by Anonymous · 0⤊ 2⤋
U must fill out a form which gives U "Power Of Attorney" over
her financial matters. Consult a lawyer they can get it done.
2007-02-18 07:58:30 · answer #7 · answered by Anonymous · 0⤊ 2⤋
Trustee. Power of Attorney is not accepted at many financial institutions.
2007-02-18 07:58:29 · answer #8 · answered by G.D. 2 · 0⤊ 2⤋
Someone needs to get Power of Attorney on her behalf. That's the term you're looking for.
2007-02-18 07:53:41 · answer #9 · answered by Anonymous · 0⤊ 3⤋
JOHN K IS CORRECT P.O.A. WILL NOT WORK
GUARDIAN IS THE ONLY WAY
2007-02-18 08:03:38 · answer #10 · answered by rvblatz 4 · 1⤊ 0⤋