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My father in law is in a 3 year court battle, he lives in a rv and recently had a stroke can we bring him to our state for care

ADDITIONAL INFORMATION:

His friend died a few years ago leaving everything to Dan (father in law) after the death unknown nephews came out looking for money and took Dan to court. His case has been continued for years now he was set to go to trial on Monday but had a systematic stroke he can’t use his left side and the Dr said he has a disk puting pressured on nerves in neck. He also is bipolar. He lives in a camper and has nothing. We want to bring him to nv for care we are his only family. How can we make it happen legally

ATTORNEY ANSWER BY MARGARET L. CROSS:

Is your father-in-law incompetent? Having physical side effects from a stroke does not mean that he has lost the ability to make decisions for himself. If he is still competent, you have no problems. He can move. He should execute a power of attorney and health care proxy immediately in case he suffers another stroke and does become incompetent. If he refuses to go and is incompetent, you will have to apply for the guardianship/conservatorship where he currently resides, move him, and then reapply in the new state. You will need attorneys in both states.  His court case is a non-issue when it comes down to moving him.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The elder law attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

 

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