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Here's the OTHER part of the OPs story in ANOTHER post currently on the forum:
My sister got guardianship. But still hasn't sat down with nurse home staff or pay the nurse home bill. But she pay taxes and her home.
Reconnect water, gas and electric. But the house is not livable. But she squatter in our mother house. So she can visit the nurse home. Without talk or paying the bill.what can I do
****************** To the OP: Please write ONE cohesive post where your story is all connected and makes sense, so that you can be given reasonable comments based on the whole story.
Thanks for posting this lealonnie. It pretty much confirms my suspicions on what the poster is actually about. The sister who the OP claims is incompetent actually has guardianship over the mother. Seems to me the OP is the one worried about the money but didn't contest the court decision making her mom's guardian because they didn't want the responsibility themselves.
First of all, your sister would not have been declared incapacitated. If such was the case she wouldn't be going anywhere let alone to her mother's house. If she was actually declared incompetent, she would have a conservator/guardian appointed by the court to make her decisions and to administer any income she may receive.
Did the court appoint you to be your sister's legal conservator/guardian?
If the answer to this question is 'No' and I'm pretty sure it is, you don't get to decide where she goes or who she stays with. Unless you were are also legally appointed in a court of law to be the conservator/guardian over your mother because she is incompetent, you really have no say about who she allows to come to her house or who stays there. How do you know your sister's squatting? She could very well be there at your mother's invitation. You say in your profile that you're worried your sister is just looking for money. Let me ease your mind. Unless your mother has been declared incompetent and you have her POA or conservatorship, your wouldn't be held legally responsible. Your mother has a right to see her daughter. She also has a right to give her money to whomever she pleases.
You pretty much asked that on your last post. You need to contact the Court that assigned her as guardian. You could have contested ur sister receiving guardianship. Where did she get the money to afford guardianship?
Taking up residence in a home that is not yours nor leased by you is not legal Do what ever you have to do to get her out ASAP. There may be a problems already and you might have to legally evict her. You might want to contact an attorney to find out the best way to go about this. With your sister there you can not even sell the house.
1. I assume its your sister who was declared an incapacitated ward. and presumably through court action? If so, I would think that the court would be involved in residential arrangements, including but not limited to placement within county facilities.
What's the background on these issues? Was the court involved in placement or did your sister just move in?
2. How long has she been in your mother's home? Some states have established a 30 day period after which an individual is considered to be living in that residence, and would need to be evicted to be removed.
3. How old is your sister? If she's still a minor, it's likely that the court would take jurisdiction and find a placement. However, if she's an adult, which I assume since your mother is 80, the court could still assert jurisdiction, but would likely identify a different level and type of placement for your sister.
4. What's your sister's background? I'm thinking this isn't the first time she's needed assistance.
5. I think you need to find a landlord-tenant attorney for advice, if the court isn't taking jurisdiction and involved with placement. Advice should specifically be on (a) what constitutes "residence" in your mother's state, and (b) how to get someone evicted.
6. Your profile states that your mother is in Assisted Living. Have the admins stated their position on this additional resident? I can't imagine they would agree to let someone live in the facility w/o paying charges in addition to what your mother may be paying.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
My sister got guardianship. But still hasn't sat down with nurse home staff or pay the nurse home bill. But she pay taxes and her home.
Reconnect water, gas and electric. But the house is not livable. But she squatter in our mother house. So she can visit the nurse home. Without talk or paying the bill.what can I do
******************
To the OP: Please write ONE cohesive post where your story is all connected and makes sense, so that you can be given reasonable comments based on the whole story.
The sister who the OP claims is incompetent actually has guardianship over the mother.
Seems to me the OP is the one worried about the money but didn't contest the court decision making her mom's guardian because they didn't want the responsibility themselves.
If she was actually declared incompetent, she would have a conservator/guardian appointed by the court to make her decisions and to administer any income she may receive.
Did the court appoint you to be your sister's legal conservator/guardian?
If the answer to this question is 'No' and I'm pretty sure it is, you don't get to decide where she goes or who she stays with.
Unless you were are also legally appointed in a court of law to be the conservator/guardian over your mother because she is incompetent, you really have no say about who she allows to come to her house or who stays there.
How do you know your sister's squatting? She could very well be there at your mother's invitation.
You say in your profile that you're worried your sister is just looking for money.
Let me ease your mind. Unless your mother has been declared incompetent and you have her POA or conservatorship, your wouldn't be held legally responsible.
Your mother has a right to see her daughter. She also has a right to give her money to whomever she pleases.
You pretty much asked that on your last post. You need to contact the Court that assigned her as guardian. You could have contested ur sister receiving guardianship. Where did she get the money to afford guardianship?
Do what ever you have to do to get her out ASAP.
There may be a problems already and you might have to legally evict her.
You might want to contact an attorney to find out the best way to go about this.
With your sister there you can not even sell the house.
What's the background on these issues? Was the court involved in placement or did your sister just move in?
2. How long has she been in your mother's home? Some states have established a 30 day period after which an individual is considered to be living in that residence, and would need to be evicted to be removed.
3. How old is your sister? If she's still a minor, it's likely that the court would take jurisdiction and find a placement. However, if she's an adult, which I assume since your mother is 80, the court could still assert jurisdiction, but would likely identify a different level and type of placement for your sister.
4. What's your sister's background? I'm thinking this isn't the first time she's needed assistance.
5. I think you need to find a landlord-tenant attorney for advice, if the court isn't taking jurisdiction and involved with placement. Advice should specifically be on (a) what constitutes "residence" in your mother's state, and (b) how to get someone evicted.
6. Your profile states that your mother is in Assisted Living. Have the admins stated their position on this additional resident? I can't imagine they would agree to let someone live in the facility w/o paying charges in addition to what your mother may be paying.