Legal Question in Elder Law in Oklahoma

Need to protect father and estate.

My dad a WW-2 Vet who is mentally ill and near death,is being cared for by a guardian provided through the Veterans Administration & appointed by the court.I belive this guardian has a power of attny.that was signed while my dad was ill.I had lost contact with my father & have not spoken to him in 19yrs.I am his only living relative.Futhermore allthough I know he is my dad-there are no legal records reflecting this.The VA will not release any information to me about his health condition or exact whereabouts due to the hepa laws,and the guardian is making it very difficult for me to see him-probably protecting his intrest,for my dad has a will and the guardian is probably the sole beneficiary of that will.What can I do to see my dad, and gain control of his care & estate?


Asked on 7/14/03, 2:50 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Need to protect father and estate.

Normally guardians appointed through the VA are with law firms and will have no interest in the estate. If your dad dies without a will, his estate, if any, will pass to his heirs at law under the laws of intestency distribution of the state of Oklahoma (assuming that is his state of residency).

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Answered on 7/14/03, 6:45 am


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