Legal Question in Elder Law in Virginia

Guardinship/Conservator

My mother (68) and stepdad (59) has dementia, and I really thinks my mother has a mental illness ( it runs in her family 2-sisters) and she play the game very well with the doctors and my sister and I live out the state and we have one brother that lives near our parents but out for himself. We have contacted my s-dad family and they give us back is if he has life ins.( they have no contact with him in 19yrs and the burden is on my sister( she has power attorney over both but just signed and notarized) and the burden of what to do is being too much, We really do not know what to do next before the state takes over my parents financies and make decisions for them.


Asked on 1/21/09, 6:48 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Guardinship/Conservator

If someone in the family doesn't seek and obtain a court ordered conservatorship over 'incompetent' parents, you risk the Public Guardian doing so and taking control, or risk the parents being victimized financially or otherwise. It needs to be someone able and willing to exercise supervision and control over them, and someone the family can agree upon or at least not dispute in court. Feel free to contact me if serious about taking the required action.

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Answered on 1/21/09, 6:55 pm


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