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Home > Law > Family Law   »   Guardianship rules

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Old Dec 19, 2005, 10:27 PM
suzeraine
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Guardianship rules
I am the court appointed guardian to my mother who is in a nursing home. She is senile, and is now running out of money and I am told it is time for me to sell the house. I want to buy it to live there while I take care of it. Does anyone know how I can do that, if its legal and what the rules are?

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Old Dec 20, 2005, 04:28 AM   #2  
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Nursing home
Hi,
I am sorry to hear your Mom is running out of money. Nursing homes aren't cheap, as you know!
Personally, I would check with a lawyer. Ask him/her if you need a Power of Attorney, to act on your Mom's behalf, or does the "court appointed guardianship" give you this right; and does your Mom have a Will? If so, are you one to inherit the property?
Please check with a lawyer. Ask around the nursing home, and they might be able to give you some advice on which lawyer(s) are experienced with these type of cases. The Director of Social Services at the nursing home, if there is one, might be able to suggest a lawyer.
I do wish you the best, and hope all turns out OK.
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Old Dec 20, 2005, 05:58 AM   #3  
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It is very possible you could, but you need to check with an attorney in your area.

What happens is that under many of the laws unless the property is sold a specific number of years prior to the person entering the nursing home, the nursing home has specific rights to the property and/or its value.

If you were paying full price I do not beleive the nursing home would feel it was being cheated, but again maybe not.

Sadly before a person enters a nursing home or before someone dies is the time for attorneys to properly divide and/or arrange ownership of property to protect ownership rights. But it is seldom done

As guardian you have full rights to sell the property and do any action on behalf of your mother.

But the selling of the house is not a guardian issues, since you have that right, but the issue now is the who can buy the house and if the nursing home having a vested interest in the properly under current laws has to consent to the sell also.


*** not a lawyer and not playing one on TV. But I have watched every CSI show made. I have alot of paralegal experience plus I have been on simular sites like these for almost 8 years and have heard and seen alot from many people
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