Denver, CO asked in Elder Law for Colorado

Q: My mom is in nursing home is it legal for conservator attorney to brake in and change Locks and clean out her house

My mom tells me everytime i talk to her to watch her house and go stay there but court appointed conservator changed locks kicked me out without no paperwork and shut off water and electricity didn't pay property taxes my mom had sent a check in to pay taxes and they canceled it and put the money back in her account I'm only one with keys they never called Me and told me they were in house changing locks and they took everything and cleared out the house without notifying me at all they won't even come pick up her paperwork I got on the house or nothing she still had bank papers in house and a lot of important papers including my birth certificate and social security card I also have a book that says from my dad in 2005 that he appoints so and so to estate executor and to make decisions for my mom but they don't care not even call to pick up the book they also been in estate since 1959 and my dad was a veteran pfc

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: More information is needed to make an assessment. As a general rule, it may be proper to change locks on a home. Payment of property taxes should be a duty of the conservator, unless there is not enough money to pay the property tax. You do have a right to re-enter the home to get your official documents, but you likely will need to be escorted by either the conservator or the police. An appointment by your father is likely invalid--a 3rd party (even a spouse) cannot appoint a guardian or conservator for another unless the person was already incompetent (due to age or mental impairment) prior to your father's death. Even then, the appointment would not be binding until a court approved the appointment (which appears to have already happened with someone else being appointed).

Since the courts are already involved, a lot of these matters can (and should be) resolved by the court. You should either file motions within the pre-existing case or hire an attorney.

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