Posted on: 26 January 2018
If you have an aging parent that is going senile with dementia, and one of your siblings is starting to take things from their home without permission, you want to get in contact with a lawyer. There are a lot of things that you have to find out, and your lawyer will start working on the case before anything else gets removed from the property. The sibling may be ordered to bring the items back to the property immediately by the courts if an order is filed. Here are things to be prepared for.
Find the Will
If you are unsure if your parent has a living will, and they now can barely remember their name, this may be a document that you will never find. Make sure to search the house for evidence of this, ask family members, and contact any lawyer that they may have had a relationship with, to see if a will exists. This makes things easier if there are problems with finances while the parent is still alive, or if you need information about property after they pass.
Get a Power of Attorney if One Isn't Documented
It can sometimes be best if one child is in charge of their parent's medical decisions and finances. If your parent has no will, you want to apply to be the medical power of attorney, and to handle their finances and the estate to make sure that everything is done correctly and that your parent's health is in good hands. The lawyer will file a date to get in front of a judge to try to get this approved, although it may require agreement from the other siblings.
Protect the Estate
Your lawyer will also work to get a document from the courts ordering that nothing be removed from the property while the parent is alive or deceased. You want your siblings to know that they are stealing in the eyes of the law, that they could be prosecuted for what they are doing, and that those items belong to the estate of your parent.
You don't want to waste any time when you find out that things are going missing from your parent's home, and you know that your parent isn't in the right state of mind to make any decisions to give anything away. Look for a will, and find a lawyer to get things moving. Contact companies like Scott & Scott, PC for more information.Share