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.
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.
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4 lawyers agree
If you believe that someone is taking advantage of this 99 year old, then call Adult Protective Services immediately.
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3 lawyers agree
Estate Planning Attorney
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.
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