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How do I go about forcefully taking over my fathers finances?
Anonymous2 views1 answers
Since the death of his wife (my mother), he has been making irrational decisions and spending large amounts money with nothing to show(50k in the last 6 months and his house and car are paid for - out of character). He is 70 and has decided to take in two 27 year old girls with questionable pasts that also partake in illegal activies. His living conditions are horrible and we are worried for his health, safety and well being. This is totally out of his character and we are very beside ourselves.
You have this posted in the Power of Attorney section. You CAN get Power of Attorney from your dad, assuming that he is willing to give it to you and has the mental capacity to do so. (Whether he does or not is not entirely clear from your summary). The problem is...the POA would allow you to handle financial matters for your father, but it would not prevent HIM from doing so, unless he were declared incapacitated.
The only way you can prevent your father from handling his finances is to go to the probate court and petition to become his guardian/conservator. As part of that process, your father would normally be declared incapacitated by the court and someone would be appointed to handle things for him. Presumably, you would be the person chosen, but unless that is what your father asks for, there is no guarantee.
A probate attorney can be very helpful not only in obtaining the initial guardianship/conservatorship, but also in assisting you with understanding and fulfilling your responsibilities, once appointed.
Best of luck to you! These are always very difficult situations on a number of different levels.
James Frederick
