Is it legal for a court appointed guardian to auction off the person’s belongings?

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Is it legal for a court appointed guardian to auction off the person’s belongings?

The court appointed guardian put this elderly woman in a nursing home and is now auctioning off her belongings against her will. This guardian has no family affiliation and is a lawyer.

Asked on September 30, 2011 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There are really not enough details of what went on here to give any guidance what so ever on the matter.  Why was there a guardian appointed?  Where are her family members?  Who brought the petition?  The state?  Can the guardian auction off her belongings?  Probably but the the appointment papers will tell you how far reaching the powers can go.  If the money is needed to pay the nursing facility then that is what is going on.  You need to contact a family member to deal with this matter if you think that something is going awry.  Lawyers are not always unscrupulous and if the state stepped in then lawyers are the ones appointed by the courts to intervene.  Good luck.


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