I have a brother with low IQ now 67 years old who is living in a home bought for him by our parent's trust. He lost his job, refuses to eat, bathe, or wear his dentures. He is currently in the hospital under restraints after pulling out his IV and tube inserted to reinflate his lung and taking a swing at a nurse. If he could get out of bed he would walk out as he did earlier this month (wearing no shoes, a holey t shirt, and a pair of shorts with not way to get home.) If he gets money he will buy beer, get intoxicated, fall and injure himself, something he has done repeatedly. The siblings have decided on one who will be designated as the guardian, but we are not sure what this will cost as the trust is out of money. Should we sell the home? If so, where does the brother live if he ever gets it together enough to live alone again?
The cost of obtaining a guardianship can be recovered from the estate of the protected person, which may in this instance mean selling the house or borrowing against it and repaying the loan out of your brother's monthly income. Please talk with a local elder and special needs lawyer about possible alternative housing and other services for your brother. You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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