QUESTION
What happens to property of a senior citizen when there is no power of attorney or living will?
Asked on Jun 17th, 2013 on Trusts and Estates - Washington
More details to this question:
When a senior citizen is found to be physically and mentally unable to care for themselves and are placed in a nursing home with no power of attorney or living will, what happens to their property when the immediate family doesn't want to get involved?
1 ANSWER
Robert Barnhill III
When a person becomes mentally and/or physically incapacitated and does not have a power of attorney, then a guardianship proceeding must take place. During the guardianship proceeding, a judge will determine if the individual is incompetent, and if so, the judge will appoint a guardian to take care of the person. The guardian will be responsible not only for the person's property but also the care of the person. Whoever is appointed guardian will receive reimbursement for their time and effort.
Answered on Jun 18th, 2013 at 3:42 PM