Klenk Law

My brother is having the court declare my sister incapacitated in order to steal her money. What can I do?

Posted on Tue Oct 6, 2015, on Estate Planning

From our “Ask a Question” mailbag: My sister suffers from mental illness, and is currently so depressed she cannot get out of bed. She is a smart woman and has a house and plenty of savings. Our brother is a parasite, and has filed a petition to have her declared incapacitated so he can be put in charge of her money. I am sure he will steal her money if he is given the chance. What can I do?

The Guardianship process in Pennsylvania gives all interested parties the chance to bring to the court’s attention concerns about the incapacitated person and the security of their assets. You, as an interested person, have the right to retain an attorney who is experienced in Guardianship hearings to bring your concerns to the court’s attention. Without knowing more details I cannot give you what would be your best option, but it might end up that the best plan is to have a bank serve as the Guardian of the Estate, with yourself and your brother serving as the Guardian of the Person. Once your attorney has all the facts, you can arrive at a plan of action.

If you have any other questions about Guardianships, feel free to contact our office for a free consultation with one of our Pennsylvania Guardianship Lawyers.

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Chester County, Pennsylvania

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