Asking someone to leave residence

[mickielynn94]

What is the name of your state (only U.S. law)? Colorado
In a recent court hearing elderly grandparent was placed in conservatorship and guardianship of her son. According to the doctor, grandparent has been "incompetent" since 2006. Several family members received loans, wrote checks on account, etc. since 2006. Is there any recourse for the estate recoup these funds?do

 

[Proserpina]

What is the name of your state (only U.S. law)? Colorado
In a recent court hearing elderly grandparent was placed in conservatorship and guardianship of her son. According to the doctor, grandparent has been "incompetent" since 2006. Several family members received loans, wrote checks on account, etc. since 2006. Is there any recourse for the estate recoup these funds?do

When did the court declare the grandparent incompetent, and under what circumstances?

And what has this got to do with asking someone to leave a residence?

(And please delete the other two identical threads)

 

[mickielynn94]

Leaving residence

So sorry, posted the wrong question under the title, but I need this one answered as well. Grandma was put into guardianship and conservatorship last week. Much of this decision was based on the fact that her doctor wrote a letter declaring grandma incompetent due to severe dementia dating back to 2006.

As far as the leaving residence part. The primary caregiver, who is also the one who helped herself to much of the money in question has resided with grandma. Grandma is being placed in a long-term care facility on Monday. We need to know how to legally get her out of Grandma's house. We don't want her to be able to come back on us.

 

[Proserpina]

So sorry, posted the wrong question under the title, but I need this one answered as well. Grandma was put into guardianship and conservatorship last week. Much of this decision was based on the fact that her doctor wrote a letter declaring grandma incompetent due to severe dementia dating back to 2006.

As far as the leaving residence part. The primary caregiver, who is also the one who helped herself to much of the money in question has resided with grandma. Grandma is being placed in a long-term care facility on Monday. We need to know how to legally get her out of Grandma's house. We don't want her to be able to come back on us.

There might be a sticky issue here - does the decision actually state that Grandma has been legally considered incompetent since 2006? What was the event which led up to this going to court?

(it might be important)

What is the relationship between Grandma and the caregiver (again, it might be important)?

 

[mickielynn94]

Leaving Residency

The hearing was initiated at the realization that money was disappearing at rapid rates. CD's were cashed that were in grandma's and other family members names (my husbands, her son's, her other grandchildren). Many checks were written. A number of these checks were rubber stamped with a signature, not officially signed. Well over $100,000 was "stolen" or used improperly. The caregiver is her grandaughter. Grandaughter wrote a check to her nephew for $12,000, then turned check over and endorsed it and received cash. The list is endless...

 

[Proserpina]

The son who has been awarded guardianship needs to speak with an attorney - Colorado does not appear to allow an appointment of guardianship to be back-dated or made retroactive to a specific earlier date. Anything which happened prior to Grandma being deemed incompetent might not be actionable but even if that's the case there may be other options.

He needs an attorney - he may need to prove that Grandma was incompetent at the time those checks and transactions took place, and that may be difficult.

(There's a wealth of information to be found here: Guardianship Alliance of Colorado Educational Materials )

 

[computerproblem]

ALso

It is legal to throw your spouse out of your residence if the residence lease or mortgage is in your name? Would there be any complication due to the marriage?

 

[Banned_Princess]

It is legal to throw your spouse out of your residence if the residence lease or mortgage is in your name? Would there be any complication due to the marriage?

I don't think you can do that. The police have asked drunk and violent spouses to leave for the night, And judges have made a violent spouse move for the TRO purposes, but that's it. I doubt you can just EVICT a spouse from the marital home by putting there stuff outside. I think you need a divorce court.

Yes, definitely cannot just "throw out your spouse"

 

[Ohiogal]

It is legal to throw your spouse out of your residence if the residence lease or mortgage is in your name? Would there be any complication due to the marriage?

No it is not legal. YOUR SPOUSE has as much right to the marital residence as you do.