Is it legal for a court appointed guardian to auction off the person’s belongings?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for a court appointed guardian to auction off the person’s belongings?

The court appointed guardian put this elderly woman in a nursing home and is now auctioning off her belongings against her will. This guardian has no family affiliation and is a lawyer.

Asked on September 30, 2011 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

There are really not enough details of what went on here to give any guidance what so ever on the matter.  Why was there a guardian appointed?  Where are her family members?  Who brought the petition?  The state?  Can the guardian auction off her belongings?  Probably but the the appointment papers will tell you how far reaching the powers can go.  If the money is needed to pay the nursing facility then that is what is going on.  You need to contact a family member to deal with this matter if you think that something is going awry.  Lawyers are not always unscrupulous and if the state stepped in then lawyers are the ones appointed by the courts to intervene.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption