Prevent sister from clearing out sick father's belongings?

Questioner

My father had a stroke in combination with Covid and delirium due to a urinary tract infection. He is completely unable to make choices himself and is very ill, which is why he was admitted to the hospital. I supervised his admission and am the first point of contact. My sister wants to clean out his house now, while he is still in the hospital. She already indicated this when he was still home, she has a compulsive urge to search through his things, especially the hobby room and the storage room. I have asked not to do that, out of respect for father and his things. There is no rush, there is plenty of time to do this in the right order. She's going to go ahead with it, she's asked my father for permission, she says, and she's going to get started! That man is terminally ill and is not capable of making such choices. How can I prevent this now?

Lawyer

I understand that this situation is causing a lot of stress and emotion. It is important to know what steps you can take to protect your father's interests. As a first step, you can look at arranging a mentorship or guardianship for your father. A mentorship is about personal matters. For example, the mentor decides on the care for your father. Guardianship is about financial matters, the guardian manages the assets and decides on the income and expenditure. This would give you more control over the situation at the moment. You can apply for these measures at the subdistrict court. You do not need a lawyer for this, but it can be a complex process. So calling in legal assistance can be useful. It can take some time before these measures are actually implemented. In addition, you can talk to your sister and try to come to an agreement. It can help to explain the seriousness of the situation and make it clear that it might be better for your father to wait until he is able to decide on this himself. If there is a threatening situation, you can consider taking legal action. For example, you can start summary proceedings, with which you can force your sister to stop cleaning the house. The judge can then rule that your sister must immediately stop cleaning the house until a decision has been made about, for example, mentorship or guardianship. Remember that the above information are possible options based on the information you have provided. It is wise to seek advice from a (legal) professional to see which options are best in your situation.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer