You pretty much asked that on your last post. You need to contact the Court that assigned her as guardian. You could have contested ur sister receiving guardianship. Where did she get the money to afford guardianship?
Here's the OTHER part of the OPs story in ANOTHER post currently on the forum:
My sister got guardianship. But still hasn't sat down with nurse home staff or pay the nurse home bill. But she pay taxes and her home.
Reconnect water, gas and electric. But the house is not livable. But she squatter in our mother house. So she can visit the nurse home. Without talk or paying the bill.what can I do
****************** To the OP: Please write ONE cohesive post where your story is all connected and makes sense, so that you can be given reasonable comments based on the whole story.
Thanks for posting this lealonnie. It pretty much confirms my suspicions on what the poster is actually about. The sister who the OP claims is incompetent actually has guardianship over the mother. Seems to me the OP is the one worried about the money but didn't contest the court decision making her mom's guardian because they didn't want the responsibility themselves.
First of all, your sister would not have been declared incapacitated. If such was the case she wouldn't be going anywhere let alone to her mother's house. If she was actually declared incompetent, she would have a conservator/guardian appointed by the court to make her decisions and to administer any income she may receive.
Did the court appoint you to be your sister's legal conservator/guardian?
If the answer to this question is 'No' and I'm pretty sure it is, you don't get to decide where she goes or who she stays with. Unless you were are also legally appointed in a court of law to be the conservator/guardian over your mother because she is incompetent, you really have no say about who she allows to come to her house or who stays there. How do you know your sister's squatting? She could very well be there at your mother's invitation. You say in your profile that you're worried your sister is just looking for money. Let me ease your mind. Unless your mother has been declared incompetent and you have her POA or conservatorship, your wouldn't be held legally responsible. Your mother has a right to see her daughter. She also has a right to give her money to whomever she pleases.
1. I assume its your sister who was declared an incapacitated ward. and presumably through court action? If so, I would think that the court would be involved in residential arrangements, including but not limited to placement within county facilities.
What's the background on these issues? Was the court involved in placement or did your sister just move in?
2. How long has she been in your mother's home? Some states have established a 30 day period after which an individual is considered to be living in that residence, and would need to be evicted to be removed.
3. How old is your sister? If she's still a minor, it's likely that the court would take jurisdiction and find a placement. However, if she's an adult, which I assume since your mother is 80, the court could still assert jurisdiction, but would likely identify a different level and type of placement for your sister.
4. What's your sister's background? I'm thinking this isn't the first time she's needed assistance.
5. I think you need to find a landlord-tenant attorney for advice, if the court isn't taking jurisdiction and involved with placement. Advice should specifically be on (a) what constitutes "residence" in your mother's state, and (b) how to get someone evicted.
6. Your profile states that your mother is in Assisted Living. Have the admins stated their position on this additional resident? I can't imagine they would agree to let someone live in the facility w/o paying charges in addition to what your mother may be paying.
Taking up residence in a home that is not yours nor leased by you is not legal Do what ever you have to do to get her out ASAP. There may be a problems already and you might have to legally evict her. You might want to contact an attorney to find out the best way to go about this. With your sister there you can not even sell the house.
5 Answers
Helpful Newest
First Oldest
First
You pretty much asked that on your last post. You need to contact the Court that assigned her as guardian. You could have contested ur sister receiving guardianship. Where did she get the money to afford guardianship?
My sister got guardianship. But still hasn't sat down with nurse home staff or pay the nurse home bill. But she pay taxes and her home.
Reconnect water, gas and electric. But the house is not livable. But she squatter in our mother house. So she can visit the nurse home. Without talk or paying the bill.what can I do
******************
To the OP: Please write ONE cohesive post where your story is all connected and makes sense, so that you can be given reasonable comments based on the whole story.
The sister who the OP claims is incompetent actually has guardianship over the mother.
Seems to me the OP is the one worried about the money but didn't contest the court decision making her mom's guardian because they didn't want the responsibility themselves.
ADVERTISEMENT
If she was actually declared incompetent, she would have a conservator/guardian appointed by the court to make her decisions and to administer any income she may receive.
Did the court appoint you to be your sister's legal conservator/guardian?
If the answer to this question is 'No' and I'm pretty sure it is, you don't get to decide where she goes or who she stays with.
Unless you were are also legally appointed in a court of law to be the conservator/guardian over your mother because she is incompetent, you really have no say about who she allows to come to her house or who stays there.
How do you know your sister's squatting? She could very well be there at your mother's invitation.
You say in your profile that you're worried your sister is just looking for money.
Let me ease your mind. Unless your mother has been declared incompetent and you have her POA or conservatorship, your wouldn't be held legally responsible.
Your mother has a right to see her daughter. She also has a right to give her money to whomever she pleases.
What's the background on these issues? Was the court involved in placement or did your sister just move in?
2. How long has she been in your mother's home? Some states have established a 30 day period after which an individual is considered to be living in that residence, and would need to be evicted to be removed.
3. How old is your sister? If she's still a minor, it's likely that the court would take jurisdiction and find a placement. However, if she's an adult, which I assume since your mother is 80, the court could still assert jurisdiction, but would likely identify a different level and type of placement for your sister.
4. What's your sister's background? I'm thinking this isn't the first time she's needed assistance.
5. I think you need to find a landlord-tenant attorney for advice, if the court isn't taking jurisdiction and involved with placement. Advice should specifically be on (a) what constitutes "residence" in your mother's state, and (b) how to get someone evicted.
6. Your profile states that your mother is in Assisted Living. Have the admins stated their position on this additional resident? I can't imagine they would agree to let someone live in the facility w/o paying charges in addition to what your mother may be paying.
Do what ever you have to do to get her out ASAP.
There may be a problems already and you might have to legally evict her.
You might want to contact an attorney to find out the best way to go about this.
With your sister there you can not even sell the house.