the purchase had to have been Fair Market Value. The Guardian has to present documentation of all transactions made on behalf of the Ward. The Court probably had to approve the sale of the property as well (at least it did when I was Guardian for my Husband)
Your Dad's son, your brother is guardian. I am assuming you two are siblings at war and unable to talk to one another? That's always a real shame. And kind of a pet peeve of mine.
He can, yes, manage all assets in almost all cases. Guardianship usually has documents with stipulations of what can and cannot be done. It is written by the court. The court would stipulate whether the guardian has to put plans before the court before implementing them. For instance "Sale of any real estate assets will require court approval".
Why do you think that this isn't a good thing? In most cases a guardian will sell property. The funds from the sale would have to be deposited into the principal's accounts, or invested for him as deemed best. The funds would be used to provide cash for paying for his care.
There are several stipulations that will/SHOULD prevent any sort of fraud in that it would be illegal for a POA/Guardian or Conservator to "self-enrich". That is to say that if he sells a home to himself that home should be sold to him AT FAIR MARKET VALUE, not at a bargain, if you get my meaning.
If we are talking large amounts of money here. Say a farm and acreage, which can run really to millions of dollars, then you, if you have an "interest", know yourself to be a beneficiary under a will or Trust, whatever, have a perfect right to see your own attorney. I would see one in Trust and Estate. That attorney represents your interests and can access court records, real estate deeds and so on, in your behalf.
I wish you good luck. Get expert advice for important things; remember we are just a bunch of folks with an opinion. Is there something nefarious going on in your opinion?
The Guardian has to present documentation of all transactions made on behalf of the Ward.
The Court probably had to approve the sale of the property as well (at least it did when I was Guardian for my Husband)
He can, yes, manage all assets in almost all cases. Guardianship usually has documents with stipulations of what can and cannot be done. It is written by the court. The court would stipulate whether the guardian has to put plans before the court before implementing them. For instance "Sale of any real estate assets will require court approval".
Why do you think that this isn't a good thing?
In most cases a guardian will sell property. The funds from the sale would have to be deposited into the principal's accounts, or invested for him as deemed best.
The funds would be used to provide cash for paying for his care.
There are several stipulations that will/SHOULD prevent any sort of fraud in that it would be illegal for a POA/Guardian or Conservator to "self-enrich". That is to say that if he sells a home to himself that home should be sold to him AT FAIR MARKET VALUE, not at a bargain, if you get my meaning.
If we are talking large amounts of money here. Say a farm and acreage, which can run really to millions of dollars, then you, if you have an "interest", know yourself to be a beneficiary under a will or Trust, whatever, have a perfect right to see your own attorney. I would see one in Trust and Estate. That attorney represents your interests and can access court records, real estate deeds and so on, in your behalf.
I wish you good luck. Get expert advice for important things; remember we are just a bunch of folks with an opinion.
Is there something nefarious going on in your opinion?