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Old 09-08-2008, 03:35 PM
 
878 posts, read 1,847,431 times
Reputation: 460

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Not only is this a real estate issue, it's an "Elder Law" issue as well. Sarah was acting as a conservator, and breached her duty to George to take care of his finances. Look for an attorney, many are willing to give you an hour or so to discuss the issue you are facing. Some may even do pro-bono work, or work on contingency. From what I see, there are two things you want to accomplish:

1) Get George off of the mortgage. He was induced to sign by a trusted person (Sarah), but was not in a condition to know the details of the mortgage.

2) Recover some of George's assets. His conservator, Sarah, used her POA position to get a deed in his name, then transferred his ownership in his property to herself. This is a serious breach of a conservator's duty.

(Although she might be acting as a guardian rather than conservator...I can never remember which is which, but my state says they mean the same)

Best of luck.
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Old 12-06-2008, 03:49 AM
 
1 posts, read 1,138 times
Reputation: 10
This was "exploitation" of a disabled senior. Laws protect those who are victimized by the exploiter, usually a relative who is trying to gain something. Find an "Elder" attorney firm that specializes in elder affairs and elder law. And ask in court, the attorney fees be paid by the "exploiter."
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Old 12-06-2008, 07:13 AM
 
Location: South Dakota
733 posts, read 4,084,418 times
Reputation: 710
The local office of your state's department of social services [or its equivalent] and its office for adult services and the aged [or its equivalent] is the place to go to begin an investigation of financial explitation of an elderly person. Don't delay. Contact them now. There are resources available through social service agencies to refer matters for prosecution and to provide independent legal counsel for exploited seniors.
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