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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37395
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My Mom is 83 years old and for approximately 2-3 years has been paying into sweepsta

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My Mom is 83 years old and for approximately 2-3 years has been paying into "sweepstakes" saying that she will be paid money if she sends in a processing fee. Despite my efforts and my sister and brother's efforts, she is still doing it and wasting her money. When she was hospitalized, my sister discovered she paid nearly $500 in sweepstakes in about 1/2 a months time. We are concerned she will spend all her money and not be able to live in her home. This would be devasting. She is stubborn and her kids are intimidated. What can I or we do to ensure that she does not lose her finances so she cannot live indenpendly as long as she can? She lives in AZ; I live in GA, my sister & brother also live in AZ.
Submitted: 6 years ago.
Category: Family Law
Expert:  LawTalk replied 6 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Either your sister or your brother will want to consider making application to the court in AZ to be appointed as your mother's conservator. A conservator is a person appointed by the probate court to take care of the property or estate of another person who is considered by the court to be unable of handling their own financial affairs. The conservator is responsible to the court for how the ward's funds or property are managed.

And if necessary, they may also apply to be named a Guardian of your mother. A guardian is a person appointed by the probate court to protect the legal rights of another person called a ward. If the court decides the ward is legally incapacitated or incapable of taking care of him or herself, it may give the guardian authority to make all decisions on behalf of the ward.

Essentially, unless and until the court determines that your mother is incompetent to care for herself---either physically or financially or both----she will not be prevented from making unwise expenditures.

I wish you and your family the best in 2011.

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