How do I go about getting totalcontrolover my grandma’s health care, possessions, etc, both now and after her death?

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How do I go about getting totalcontrolover my grandma’s health care, possessions, etc, both now and after her death?

She is in a nursing home that her son and his wife put her in, but she no longer wants to be there due to their neglect and verbal abuse. She doesn’t want her son and his wife having any control over her. She wants to put her daughter in full control of everything. What do I need to do?

Asked on May 9, 2011 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your grandmother is still mentally competent, she could execute a power of attorney in your favor, though you may end up in litigation over it, if her son and his wife contest it. (They might try to challenge it on grounds of her competence.)

If your grandmother is incompetent you might try to have yourself--or some other, neutral person--appointed as her guardian, though again, you should be prepared for a legal fight; not only would ou have to show incompetence, but since the presumption would be to allow a child to manage her affairs, you'd have to show that the son is not a fit guardian.

Since every situation is different and the facts are vitally important, you should consult and discuss the matter with an elder law attorney. Good luck.


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