What can we do if my mother-in-law is in the hospital with cancer and my sister-in-law has taken over her assets?

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What can we do if my mother-in-law is in the hospital with cancer and my sister-in-law has taken over her assets?

There is no Will or Trust. My SIL was staying at my MIL’s house helping to take care of her before she went in the hospital. However, now that she is in the hopsital my SIL has planted herself in the house and is even using my MIL’s credit cards for her own use. How can we stop her? Aren’t there laws prohibiting this?

Asked on July 17, 2014 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for the situation.  Yes, there are laws prohibiting this.  They are criminal laws: theft, forgery, trespassing. But this can be very touchy, especially if your Mother in Law gave her permission for any of the activities.  What you need to do if your Mother in Law is still of sound mind is have her execute a Power of Attorney as well as a Health Care Proxy and whom ever is appointed as her attorney in fact can take over administering her affairs.  If she is not of sound mind at this point go in to court and have some one appointed asap.  Good luck.


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