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My father is an 81 year old retired physician. He is losing…

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My father is an 81...
My father is an 81 year old retired physician. He is losing his memory.He has lost his driver's license. He has difficuly walking and getting up the stairs to his bedroom.
His wife, my stepmother, is 60 and is a busy attorney. She is rarely home and frequently does not come home. She has been having an affair for several years. Their combined retirement plans are work 3 million dollars, their home has 1 million in equity.
She refuses to remodel to provide for a first story bedroom. She refuses to hire someone to watch after his safety and personal hygeine, and to drive him to the gym and store.
I am a busy professional with kids in high school and cannot be there enough. i do not feel he is safe, and he is mentally wasting away being there alone.
What recourse do I have to insure his share of their assets are used for his care and leisure.
Submitted: 8 years ago.Category: Family Law
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Answered in 7 minutes by:
6/21/2010
Family Lawyer: JD 1992, Lawyer replied 8 years ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified
You can apply for a guardianship over him and his estate and then use the assets to care for him, subject to court approval. That is really the only option.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Customer reply replied 8 years ago
Can I apply for a guardianship if he is still married to my stepmom?
Family Lawyer: JD 1992, Lawyer replied 8 years ago
Yes, although she can contest it and try to get guardianship as well. At that point it is a matter of who the court thinks would do a better job for him.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Customer reply replied 8 years ago
I will accept the answer and I am happy to pay for good info. But I still have a few questions:
is there any significance to the fact that she is having an affair, and her lifestyle is clearly
impeded by my dad's presence?
If so, should I collect info on this? ie a PI?
Realistically, do the courts support transfer of guardianship under these circumstances?
Thankyou
Eric Moll

Family Lawyer: JD 1992, Lawyer replied 8 years ago
I think that at least raises the issue of whether or not there would be a conflict of interest with her serving as your father's guardian. I would definitely use a PI to get more information and proof. The courts give a slight edge to a spouse over a child, but it is pretty slight and with facts like yours I think the court would be inclined to grant the guardianship to you.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Ask Your Own Family Law Question
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JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
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Experience: Began practicing Family Law in 1992

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