Q: Can I take ownership/control of property owned by my sister who is on drugs, brain damaged and lives homeless?

A: You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing. I'm merely explaining the mindset of the Court and the laws, which are meant to protect the disabled person. You can try doing it yourself by going to your local courthouse and seeing if they have a self-help center. But those people can only give you documents. They cannot give you legal advice. Most people end up hiring an attorney to help them. If you want to hire a lawyer, find one that handles a lot of conservatorships because the law recently changed and someone who only occasionally handles conservatorships may not know the latest laws. Best wishes.

A: You may have options to take control of the property, but it would involve a legal process. One possibility is to seek conservatorship over your sister, which would allow you to manage her affairs, including her property. This requires showing the court that she is unable to make decisions for herself due to her mental state.

Additionally, if the home is still in your sister’s name, you might explore whether she can sign a power of attorney if she is occasionally lucid. However, given her condition, a conservatorship might be the more appropriate route. If she’s incapable of understanding the power of attorney, it wouldn’t be legally valid.

Another potential route could be to open a probate case if your mother’s estate was not properly handled. You would need to consult with a legal professional in your area to understand the best course of action. The goal would be to protect the property and ensure it’s used in a way that honors your father’s intent and benefits your sister’s future needs.