Find Senior Care (City or Zip)
Join Now Log In
J
JudyLynnKay Asked December 2013

Step mom manipulating my confused father to liquidate assets, and sell real estate. What are my legal rights?

pamstegma Dec 2013
So you go to an attorney and ask for an independent third party to protect the person and property of your father. This is called a Guardian. The judge would remove her as a POA if she is incapacitated by alcohol, but this would have to be clearly established. You are treading on thin ice and your father and step mother will be outraged if you attempt to take control and may cut you off. It will be far better to have court-appointed guardian than the present situation.

brandywine1949 Dec 2013
It doesn't seem like you have any rights in this as she is the wife. If she was declared incompetent then you might have some rights. Do you own the property with them or the investments with them? Otherwise it is a married couple thing and you are the outsider. She may accuse you of meddling. Just make sure your dad is being taken care of properly.

ADVERTISEMENT


JudyLynnKay Dec 2013
Actually trust says she is only POA if he is declared incompetent/incapacitated. He is, but has not been declared by 2 physicians, as required. I could get that easily. But she would still be primary poa, and me as alternate.

JudyLynnKay Dec 2013
She is his poa, but is ? trying to liquid real estate from trust. She is trustee, I am alternate.

JudyLynnKay Dec 2013
She is an alcoholic, and recently I asked to seek help. She went in for alcohol treatment, is drinking again, taking care of my dad....but can barely take care of herself.

Veronica91 Dec 2013
Agreed. You just have to keep out of this but make sure Stepmom is taking proper care of Dad. If she liquidates everything and takes off with the loot and Dad has to be institutionalized on Medicaid they will be hot on her tail.Is she much younger than Dad?

pamstegma Dec 2013
You have none. His wife continues to take precedence unless there is a pre-nuptial agreement saying otherwise.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter