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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My dad is 89 years old my mother just pasted in Dec 20 last

Customer Question

My dad is 89 years old my mother just pasted in Dec 20 last year My sister passed in Sept 1 this year. She has never been there when they needed her when my mom needed her if she was not fighting with dad she did help if they fought she would tell dad no if he needed her to help feed my mom help and has always kept drams in the family. Anything that went wrong she uses it to get her way with my parents always a drama queen, she has many people she hears in her head. My parents always never would let us say anything about her no matter what she did
my father got mad at me at my mothers funeral even though I was there at 700 every day to change my mothers bandaids and dress her for the so she is using this to keep him mad at me
now she jumped right in and is taking every thing the world owes her and how no one is there for her chop everyone for not being there for her she has him right where we all never wanted him to be I have always been told no matter who she hurt just leaver her alone they would take care of it
Now I cant say to my dad how she mentally abused my mother. He has enough hurt right now out of 5 kids only 2 now I'm afraid science mom and dad never mad a will she is doing every thing she can do to drive everyone away from my dad and get power of attorney my questions if she gets power of attorney if she signs for him is she really signing my dad is not mentally capable to do so for him self and does it have to be documented by anyone, she now is mentally abusing him he will never see is she is really good at this, and science she has been on mind changing drugs most her life can I stop that from becoming an issue
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
when I said she I ment to say my other sister Wanda on the first line where I wrote she has never where is say she I mean Wanda
Expert:  CalAttorney2 replied 11 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,
I am sorry to learn of this situation.

-To protect your father from immediate abuse/influence you have 2 choices: (1) you can retain a lawyer and consider filing for what we call a conservatorship or a guardianship (the terms vary depending on your state, but they mean the same thing - you would have to petition the court to get decision making authority for your father, it would protect him against undue influence over your father, it would only protect the status quo of the estate, it would not change it, your sister would be able to contest this); or (2) you can call your local Adult Protective Services and file a report.

-Regarding your sister's undue influence and whether or not she gets your father to create a will or a trust. Assuming that she does so, and your father passes, you could contest this document based on your father's mental status (again you are going to want to hire a lawyer, but it is possible to do this on your own - I don't recommend it as you are going to have to retain expert witnesses and the process is somewhat complex, but it would be possible).