Uncle in nursing home, is there anything I can do to stop the sale of the house?

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J

jmh1964 Asked July 2018

Uncle in nursing home, is there anything I can do to stop the sale of the house?

My uncle is in a nursing home, he and his wife had very good jobs and until his wife passed away, lived in their own home paid for. He within the last year was admitted into a nursing home with dementia. He has a guardian that I believe was appointed by the courts. I believe that he has the money to pay for the nursing home. The attorney is asking the courts to give her permission to sell his home. Is there anything I can do to stop the sale of the house?

Alzheimer's & Dementia Power of Attorney (POA) Skilled Nursing Facility

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score 3 · Answer 1

All assets have to be used for his care. Are you willing to buy it for Market Value? Really, there is no need to keep it. What money he has is paying for upkeep and taxes. This money could be used for his care. I would be doing the same thing the lawyer is doing.

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score 2 · Answer 2

Are you saying that you don’t feel the sale of the home is necessary because your uncle has the funds to pay? Trust me, at upwards of $5,000 per month for nursing home costs, whatever he has, unless he’s extremely well-off, will disappear in a very short time. The court-appointed guardian is looking toward the future for his care. As Alfred said, houses are expensive. Do you happen to live in the home? Or a family member? Upkeep of an empty home is also expensive. If this is causing an issue, why did no one from the family step up for guardianship? His guardian is legally appointed by the courts and its a done deal.

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score 2 · Answer 3

The house has ongoing costs of upkeep (utilities, insurance, maintenance) and the guardian feels that it would be in the best interest of the government and your uncle for the house to be sold. The guardian was most likely appointed by the court because there were no family members willing to step up and assume that role. Not much you can do about it now.

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Thank you for your response. I think that my Aunt who did not like his side of the family lined up the guardian before she passed away. Nobody knew that he had family because I believe the wife told them there were none. I am so afraid that the monies from the sale will not actually make it to my uncle. My Uncle and his wife both had very good jobs and no children, they were very frugal and she worked for an insurance company. I believe they have the money to pay for his care. I am just so afraid of him being ripped off. I will attend all court hearings from here on out.

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score 3 · Answer 4

What is the point in not selling the house?

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Thank you for your response. There is no reason other than I just don't want him being ripped off. Now that somebody other than a complete stranger knows of his circumstances our family is going to make sure that doesn't happen. We had been asking this "guardian" to tell us where he is and she would not tell us and still does not respond to us. That makes me wonder what is really going on. We care so much about him and will go to the nursing home and see him weekly in his last years.

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Uncle in nursing home, is there anything I can do to stop the sale of the house?

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