Obtaining Guardianship And Eviction
Summary
To gain full rights over medical, financial, and estate matters for your mother-in-law, you may need to pursue guardianship or power of attorney. This involves filing a court petition and providing medical evidence of her incapacity. To remove individuals from her home, you may need to initiate eviction proceedings in alabama. Unsafe conditions and drug use may also warrant intervention by local authorities or adult protective services. Consult an alabama-based attorney for guidance.Full Conversation
Good morning,
My Husband (Larry) and I need help getting full rights to medical, financial, the estate of my mother-in-law (Ruby Kuhn). We also need help getting my nephew (Shane Davis) and his friends (Rachel Wilbanks and a man named Bobby) out of Ruby’s home so we can get her out of the nursing home and back into her home safely. My sister-in-law (Shane’s Mother) “haired” Rachel and took Shane to Alabama to tend to Ruby. According to the state of Alabama the home is now unsafe, and they have removed Ruby from the home due to neglect and missing/unaccounted medications. Shane did admit to me in a text message that he “took a couple.” We (Larry and I) have asked Shane for him and his friends to leave so we can come to Alabama and bring Ruby home, “home” being Ruby’s house in Hamilton Al. However, Shane has informed us that it is his home and he will not leave. We now know that Shane and his friends are on drugs.
This situation involves multiple legal issues. Here's an overview of what you likely need to address:
Medical, Financial, and Estate Rights
- You may need to pursue
guardianship or
power of attorney (POA) over Ruby. This will give you legal authority over her medical and financial decisions.
- Guardianship typically requires a court petition, medical evidence of Ruby's incapacity, and a review by the court.
- Consult an attorney in Alabama for the process, as that’s where Ruby currently resides.
Removing Shane and Others from Ruby’s Home
- If Shane is refusing to leave, you may need to file an eviction proceeding in Alabama.
- Since the property belongs to Ruby, you would need legal authority (like guardianship or POA) to act on her behalf.
- The unsafe conditions and drug use may allow authorities to intervene, but you would likely need to report this to local law enforcement or adult protective services in Alabama.
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