Can an adult adoption supersede a guardianship in the works? The administrator of estate is trying to put lady in nursing home.

Asked over 1 year ago - 76105

a 99 yr old lady who I am caregiver for a month is being railroaded by a greedy administrator who has already misappropriated funds in her checking account. She is threatening a nursing home and SERIOUS. Today I was asked to adopt her but I want it to help and be able to better advocate or it's pointless I guess.

Attorney answers (3)

  1. Orsen E. Paxton III

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . If you believe that someone is taking advantage of this 99 year old, then call Adult Protective Services immediately.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
  2. Earl Kenneth Mallory

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . In adult adoption, the adult being adopted must consent to the adoption. If the 99 year old is incompetent,, she does not have the legal ability to give her consent, and cannot be adopted.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory ekm@mallorylawgroup.com (561)743-3708.

  3. Jessica Anne Newill

    Contributor Level 12

    Answered . I agree with the prior answers. There are more appropriate options than adoption. If necessary, start by contacting APS.

    If the 99 year old has capacity, she can execute a power of attorney and a declaration of guardianship naming whomever she wants as agent or guardian if the need arises. In the declaration she can explicitly state who she would not want to be appointed as guardian and specify the person she believes may initiate a proceeding. The 99 year old should initiate this process on her own (i.e. find her own attorney, visit with the attorney alone, execute the documents alone, etc.).

    If there is a need (if the 99 year old is incapacitated), you or someone else can submit a letter to the court requesting a court initiated guardianship. This puts things in the hands of the court. You could also consider starting a proceeding. Under TPC 642 any interested person who does not have an interest adverse to the ward may commence a guardianship proceeding, so you or someone else could initiate guardianship. There is a statutory priority for appointment, so anyone who applies needs to be aware of their position in that priority list. Under the same statute, you can wait and see if a guardianship is filed and then contest the guardianship or appointment of the particular person who files.

    Good Luck!
    Jessica Newill
    Newill Law Firm

    This answer contains general information. None of the information contained in this communication is intended as... more

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