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guardianship of person and estate?
My sister has guardianship of father and estate. His wife says she is coming from Arkansas to see him. My sister says no i don't want you here. My father is in end stage Alzheimer under hospice care. She was given guardianship because his wife(2nd) and her son was going to physically remove him from his home in Arkansas and drop him at a rest area in Illinois because she couldn't care for him. My sister got an attorney in Arkansas who flipped out and he is now in Illinois with maybe 2 months to live. What should she do if this women shows up. I said give her 5 minutes then say leave. If she refuses call 911.
He is currently living in house with my sister under hospice care. Yes she was going to drop him at rest area off interstate. The house is his house in Illinois. My sister signed over the condo to her in Arkansas. He is now back residing at his home in Illinois However this house is willed to my sister.
Court order says appointed permanent guardian of the person and estate. Authorized to take care and custody of and exercise control over the person and estate to take possession of and administer to the property and have the care and custody of and to exercise control over the person of said incapacitated person by lawn
6 Answers
- FoofaLv 72 years ago
His wife was planning to put him into assisted living, not to kill him. Assuming that this wife is near his age she was probably not physically able to care for him and that's why nursing homes exist. Just as now your sister is incapable of caring for him and has put him into a facility (just as the wife was planning to do). There's absolutely no legal reason this wife can't visit her spouse to say goodbye. You and your sister are being punitive.
- STEVEN FLv 72 years ago
She needs to talk to an attorney to determine what authority she has. The degree of authority guardianship gives her can vary. It also matters that the father is in her place of residence, even if he is the legal owner.
I can say that your understanding is incomplete. She CAN'T have guardianship of the father AND his estate, because his estate doesn't exist until his death.
- TiLv 72 years ago
Unless there is a restraining order against the wife, there is nothing your sister can do to stop her from seeing her husband.
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- ?Lv 72 years ago
She is still legally married to him so she has a right to see him and you can't limit the visit that severely. If he becomes upset of course, you may ask her to leave. She does not have the right to remove him from care or the facility since your sister has guardianship. The staff should be notified of her visit and warned that she is not authorized to do anything. If she tries anything, you or the staff should call the police.
- ?Lv 62 years ago
If he's in a hospital in Illinois, the hospital will have security people available to help out if the wife tries to do anything. You could get a restraining order too.
I don't understand why he's in Illinois, not Arkansas, if that's where he used to live and where your sis is. Do you mean "rest area" on the highway or "rest home" like an old folks farm?
