My dad has dementia. He has no POA. Does the court decide who gets his assets? - AgingCare.com

My dad has dementia. He has no POA. Does the court decide who gets his assets?

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He has no POA and unable to give someone POA because he's not competent enough to say. My No good siblings are caring for him. Will they be able to get his assets? Does the courts make that choice ?

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If Dad has a will, the executor will distribute his assets to the beneficiaries. If no will, probate will assign an administrator. This person has the same responsibilities. The assets will be split between survivors. The state getting something.
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Reply to JoAnn29
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if they are NO good siblings, are you saying they are not really taking care of him?
are they spending money on themselves and not towards dads care?
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Reply to wally003
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Sum, just curious why you consider your siblings to being "no good" since they are caring for your Dad. Caring for someone who has dementia is a full-time job, and eventually it will become around the clock care.

The assets are divided depending on how the Will is written. And if there is Medicaid [which is different from Medicare] involved, then if Dad owns a house the equity from the house will go for his care if he needs a higher level of care at a nursing home.

If there is no Will, and your Dad has assets over a certain net worth [depends on your State], then Probate will become involved, thus the Probate Court will divide up the assets.
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Reply to freqflyer
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