she has a will that just states all assets are to be divided equal (home,stocks,bonds) private insurance but the nursing home bills are into the teens. what course of action can we take legally to protect her and everything she has worked for.
As her blood relative, and if it's actually true that no family member is POA or Guardian... After actually doing some research, and having all the facts..if there's a guardianship already, try going to the court house special proceeding and filing for guardian of estate or general guardianship (no lawyer needed for this). In your case your gram has already been deemed incompetent, so that part is already done. No i'm not a lawyer, but recently dealt w/similar...It seems to me, if you or one of her children is qualified....as w/me and my bro, that the court rathers a relative be the guardian. My mom's court appointed lawyer recomended that the court appt's a public guardian over my mom but the judge ruled the opposite and gave the guardianship to my bro/me. My mom wasn't in a NH, and more than likely the NH currently has some sort of authority (guardian of person/care) of her since she's there; but I don't see why a family member can't file for guardian of estste/or general. If nobody has any type of guardianship of her, I would think the state will have first dabs at her estate to recoup whatever they put into her care along w/the NH. Even if the NH is her guardian w/out your knowledge I would (as her relative) file for it anyway over them. Yes, her bills will continue being paid w/her $s, and if that mean w/her assets I'm sure they will go after that too. If I was you, I would do a little research and find out who actually has what ie..NH/other family members, and there's seems to be missing facts; somebody's got to be her guardian and if not her family, it's got to be the State/NH.
