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Question

My father is almost 90 years old and failing in his powers of concentration and decision making although still living with our Mom independently.

There are 4 children. One of the children has manipulated our father to include a preferential gift of the family residence to him with the estate tax bill to be borne by the remainder of the estate and then the residual estate to be distributed to the 4 children.

Just yesterday, that child got our father to co-sign a new loan on his residence
Clearly Dad is not aware of the financial implications of that or the allocation of the house to our brother.

We are concerned that our brother is taking significant financial advatage of our father and want it stopped..or at least an adviser appointed to ensure that my father understands the effects of his actions and advises him accordingly. Is this elder financial abuse? Can we stop it or at least provide that our father is advised..although he may not understand the advice.

THX

XXXXX@XXXXXX.XXX

Submitted: 72 days and 9 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
Just talking to my brother, ahd he said non of my busines, it is between Dad and him

Accepted Answer

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Answer: The first thing I suggest that you do (and it's free) is contact Adult Protective Services and share your concern that your father is being manipulated/taken advantage of by your sibling. You can do that here: http://www.cdss.ca.gov/agedblinddisabled/PG1298.htm

 

The next, more aggressive step is to file a petition for Conservatorship (perhaps of both your parents, if need be). If you file this, the court will appoint an investigator who will conduct an investigation and make recommendations to the court regarding (1) whether your father needs a conservator; (2) if so, who the conservator should be (it can be a neutral professional); or (3) the extent of the conservatorship. You should talk with an elder law attorney. You can find such an attorney at www.naela.org

 

 

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Expert: Jane Doe Deer
Pos. Feedback: 98.7 %
Accepts: 
Answered: 9/11/2009

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Atty. 22 years; Plain English answers to family law, employment, landlord-tenant, & other questions

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