Legal Question in Elder Law in Oregon

My husband was recently named executor and given powers of attorney for his great-aunt as soon as his grandma (her sister) passed away; the great-aunt has been living independently, but my husband's grandma had been caring for her- she has alzheimers. Back story, we live closest to them and visit monthly. Today that changed when her lawyer called my husband and said that the great-aunt's brother, who we have not seen in years, other than at his grandma's funeral last week, took the great-aunt in to her lawyer without my husband knowing and made himself executor- of course the great-aunt agreed as she was right there. Legally, what can we do? The brother will leave back to his house soon, and we will not see him again until the great-aunt dies, we will still continue to care for the great-aunt, but his family gets whatever is left of her estate? Do we have any legal pursuits? If her doctor states that she is not in her right mind can this be overturned? We believe all of her assets, or most of them at least, will be eaten up in the next few years by her care costs, but I want to know what we can do now besides curse the uncle!

Asked on 8/01/11, 6:20 pm

1 Answer from Attorneys

Bonnie Popia Proctor & Popia, LLC

A guardianship and conservatorship might be appropriate depending on the facts and circumstances.

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Answered on 8/02/11, 3:04 pm

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