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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Can stepfather change will not compent to make decisions my

Customer Question

Can stepfather change will not compent to make decisions my biological mom past 6past 6 years ago6 years ago step brother is making a lot of debt and I want to know if what I can I want to know what if I want I can do I am executor of the will I just don't want no problems
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today. Here the person can sign a new will or codicil.Your remedy other than a will contest here would be to make application for guardianship.This would be a legal finding that the person lacks capacity and that you should be appointed guardian.This puts you in charge of their finances here and prevents further damage.Also the findings her support a lack of capacity and undue influence for any change in wills down the road as well.
Expert:  RayAnswers replied 1 year ago.
Reference to conservatorship/guardianship in California.. http://www.courts.ca.gov/selfhelp-conservatorship.htm This site above has self help and forms.You are right to be concerned because the person is vulnerable and susceptible to being manipulated and taken advantage of here. It is the legal means to protect yourself.You may also want to file a complaint here with Adult Protective Services , they are being financially exploited. If you want to report elder abuse, contact your local county APS Office, (pdf). Abuse reports may also be made to your local law enforcement agency.The following forms are to assist you in filing your report of suspected dependent adult or elder abuse. If you are employed by a financial institution, please complete form SOC 342. All other persons should complete form SOC 341.Report of Suspected Dependent Adult/Elder Abuse, SOC 341 (pdf) I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.