My grandma has no POA. 2 biological kids. One is in prison and my mom is deceased. As her older son living in TN, what are my rights?

Sorry, didn't read ur profile before. If Gma is on Medicaid or could be there is so much more here. You definitely need a lawyer.

HayesJosh34, I read your profile.... please note that anything that is posted here goes out onto the Internet. I highly recommend you take out information that may be easy to trace your identity.

As for your Grandmother, as others had mentioned, time to make an appointment with an Elder Law attorney, as everything is so very complex.

Even if a guardianship is set up, it doesn't give him the right to set up something "she may have said". It all should have been done in writing at the time she proposed it.

I am assuming she has no will. Then she dies without one. Then probate will have to assign someone Administrator to handle the estate. When it comes down to it, your Uncle will inherit as her only living child. I don't think there is a trickle down to grandchildren unless stipulated in a will.

I too suggest a lawyer. Maybe he can find a loop hole.

You will most likely need to set up a guardianship. As others have suggested, contact an elder law attorney who can walk you through this and prepare all of the instruments.

If she’s mentally incompetent than she can’t assign POA or sign legal documents. If she didn’t assign anyone POA prior to becoming incompetent, you can’t set up a trust through an attorney.

Contact an attorney who specializes in elder law and have them advise you. This needs to be done legally, following the laws in your state.