Richmond, VA asked in Elder Law for Virginia

Q: can I as guardian and conservator put my fathers home and cd in a trust if hes already declared incompetent, on hospice

i am my fathers legal guardian & conservator my half sister not related to my father is executor of his will. Her and her husband set up the will where they can do what they want with the house and his belongings my father thinking she would do what the will says signed it. She plans on doing her interpretation of the will. the will says everything is to be sold and split but there is some strange wording that allows her to use her discretion for the house vehicle and cd's as in give one sister more than the other siblings. Possibly give the house to our schizophrenic sister. Putting it in a trust will stop that is what I was told since Im conservator I can sell the house or be in charge of the trust instead of the executor of the will That she wont be able to touch whats in the trust I will be able to decide?

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1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
  • Elder Law Lawyer
  • Salem, VA
  • Licensed in Virginia

A: This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an experienced attorney in your area – there is a ‘search’ feature that can help you.

From the information you've provided this is an Elder Law area - and you should consult with an elder law attorney, possibly the one who helped get the guardianship/conservatorship established. If you don't want to go to that lawyer, you can search here or go to the Virginia Academy of Elder Law Attorneys website at

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