• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Who takes over taking care of Grandmother?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

commentator

Senior Member
What is the name of your state (only U.S. law)? TN

My husband has POA for his mother, a widow who is in dementia care. He is an only child. We have simple wills, leaving everything to each other. His mother has a will leaving everything to him. According to her will, if he dies before she does, everything goes to his son, her grandchild. (She has three, but only liked one when she was in her right mind.) This grandchild, my stepson, is rather immature and irresponsible though he is thirty years old. He will not be interested in taking over the care or management of his grandmother's affairs, only of the money she is going to leave him if it isn't all spent on her care before she passes away. I assume that there would have to be some sort of court advocate appointed to care for her interests and manage her finances if my husband were not around.

Is there anything my husband and I can do to assure that I would be able to manage her finances and care if he were suddenly out of the picture? I am not interested in inheriting her money, but I feel I could take care of her affairs the way he would want it done much better than a disinterested grandson or a stranger appointed by the court.
 


latigo

Senior Member
The easiest and surest way to accomplish this is for both you and your husband to hire an attorney to petition the local probate court for your appointment as co-guardians of her person and co-conservators of her assets and income.

Should something unforeseen happen to either of you, the survivor would continue on in those two capacities.

As it stands now, unless your husband’s POA was made durable, he has no legal authority over the lady or her assets.

Sax
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top