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    suzeraine's Avatar
    suzeraine Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 20, 2005, 12:27 AM
    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?
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #2

    Dec 20, 2005, 06:28 AM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 20, 2005, 07:58 AM
    buy
    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 believe 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 a lot of paralegal experience plus I have been on similar sites like these for almost 8 years and have heard and seen a lot from many people
    aprilevans's Avatar
    aprilevans Posts: 1, Reputation: 1
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    #4

    Oct 30, 2011, 11:58 AM
    My husbands ex is trying to sign guardianship of his son over to someone that isn't family but he wants him and she is only trying to do this because she doesn't want him to take him he is in his life and pays support what can he do to stop it and get his son
    emily714's Avatar
    emily714 Posts: 1, Reputation: 1
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    #5

    Feb 14, 2013, 12:59 PM
    Can a man 27 with celerbal pasy that lives in his own apartment have a right to have sexual relationship with a women. He is under the guardianship of his mom. She is now trying to bring charges against this women.

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