A petition was filed for guardianship of my mother who has Alzeheimers by one of my sisters. The deed to the house was transferred to me in 2006 with lifetime residencey for Mom. I moved in to care for my mother in May 2010 with my dog. Petition was filed by my sister June 2010, who's ultimate goal is to get me kicked out, the house back to my mother, and a live-in nurse or aide for my mother. Can this be done by the guardian when he/she is appointed? If so on what grounds can this be accomplished.?
1 Answer from Attorneys
To have the 2006 deed invalidated, the evidence will have to show that mom did not have the capacity to enter into a contract at that time - 4 years ago. The petitioner (your sister) has the burden to prove that. You may want to cross-petition for guardianship and try to get yourself appointed. That being said, there are many issues to be considered in this matter - such as: Has mom done a durable power of attorney and health care proxy in the past? What are the living conditions in the home? Is there a plan of care in place? What are her assets? I would suggest being proactive now, because once the hearing happens, a decision gets made immediately.
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