Q: How to protect my mother's home interest in Oklahoma?
My wife and I took care of my parents for 14 years, and then my brother took over before he passed away. My mother is in Oklahoma, and she wants to add my daughter to the deed and remove herself to prevent the state from intervening, as there are attempts to sell her house. We want to stop the sale since we live in California. The state wants to take over conservatorship due to alleged abuse reports by the lady living with my mother, who was previously with my brother. How can I proceed to protect my mother's interests and add my daughter to the home deed from California before potentially taking over the conservatorship?
A:
This situation requires immediate action as there are multiple legal considerations at play. Your first step should be to contact Oklahoma's Adult Protective Services (APS) to report the alleged abuse occurring at your mother's residence, as they are the agency responsible for investigating elder abuse cases and can work with law enforcement to address the situation Stateregstoday. While adding your daughter to the deed could help protect your mother's interests, proper estate planning documents like powers of attorney may also be necessary to avoid conservatorship, since banks and other institutions aren't required to accept such documents without proper legal authority Elderlawcalifornia.
Under Oklahoma's Guardianship and Conservatorship Act, no one can become a guardian without a court order, so you'll need to petition the court to challenge any pending conservatorship proceedings initiated by the state Lawfirmofoklahoma. With your situation involving two states (California and Oklahoma), you should be aware that transferring guardianship between states can be complex and time-consuming, potentially resulting in delays that could affect your mother's protection Specialneedsalliance. You should engage an attorney in Oklahoma who can represent your interests locally while you coordinate from California, as cross-state legal matters require expertise in both jurisdictions.
To properly protect your mother's interests, consider requesting the court appoint a Guardian Ad Litem for your mother in the interim if you cannot be physically present, which ensures someone is officially looking after her interests during legal proceedings Eldersandcourts. Regarding the property transfer specifically, consider options like a revocable transfer on death deed that could keep the home out of probate processes while maintaining your mother's interests until appropriate arrangements can be finalized Kania Law Office. Document all communications with the current caregiver and gather evidence of any alleged abuse to strengthen your case when petitioning for guardianship or challenging the state's conservatorship efforts.
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