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My grandmother was recently admitted into a...

Resolved • Response time 1 minute

22 Jan 2022

My grandmother was recently admitted into a psychiatric hospital, but her next of kin, her son wants to take conservatorship over her but my family believes he is only in for the wrong reasons. He just wants access to her financials. Is there anything I can do to legally to prevent him from having access?
JA: What state are you in? It matters because laws vary by location.
Customer: Tennessee
JA: What steps have you taken so far?
Customer: I have not taken any steps yet, just looking for the right way to approach the situation.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.m
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22 Jan 2022

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Lawyer's response
22 Jan 2022
StephenH129
StephenH129
Attorney

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;

I always go for immediate responses, but I am occasionally called away for client meetings. Your question is important to me and I intend to help you to the best of my ability.

22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
StephenH129
Attorney

Yes, you could object if he tries to become conservator through the Courts.  Only a Court could grant him this power.  You would be able to object and have a hearing or trial on the matter.

22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
StephenH129
Attorney

If grandma is still competent, you could also execute new powers of attorney for her.  If she can sign and has not been declared incompetent, that could remove the need for a conservatorship.

22 Jan 2022
Customer reply
22 Jan 2022
What would that process look like? Would I have any say considering he is her next of kin and I am only her granddaughter?
22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
StephenH129
Attorney

Yes.  Anyone would.  Plus, you could execute the POA's and render his conservatorship moot.  If she is already receiving help, a Court may not trump her wishes and leave the POA's.

22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
StephenH129
Attorney

You'd just need to keep in contact with grandma as she would need to be served if this party started any legal proceedings.

22 Jan 2022
Customer reply
22 Jan 2022
Can non-family become POA over her?
22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
StephenH129
Attorney

Absolutely.  Anyone can.  It is her wish.

22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
StephenH129
Attorney

Here are the forms.  You'd need a general durable POA for finances and a medical one.  Execute those and you have a strong defense to the conservatorship.  She can appoint anyone she wants to.

22 Jan 2022
Customer reply
22 Jan 2022
My sister is a co-owner on my grandmother's bank accounts, in the case that her son does try to access her financials can she deny him access?
22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
StephenH129
Attorney

Not if he has Court authority.  Court authority would give him control over grandma's share.

22 Jan 2022
Customer reply
22 Jan 2022
If he's very serious about pushing for conservatorship, would you suggest I try and hire a lawyer?
22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
StephenH129
Attorney

Absolutely.  It couldn't hurt.

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation as well as 25% off legal fees for being a JustAnswer member on Lawyers.com.

I further recommend justia.com for potentially finding a local attorney.

You can also use the local State Bar Association.

There are lots of options to find a good local lawyer.

22 Jan 2022
Customer reply
22 Jan 2022
I appreciate all of your help Stephen, thank you!
22 Jan 2022
Lawyer's response
22 Jan 2022
StephenH129
StephenH129

My pleasure.  Thank you for using just answers.  Take care now.

Customer rating:
StephenH129
StephenH129
Attorney
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22 Jan 2022
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