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Elderly friend is fighting daughter to maintain control of his finances.

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A elderly friend of mine has a daughter who is trying to have him declared mentally incompetent behind his back. She was already got a doctor to sign a letter and submitted it to his investment firm and had his account frozen. He was not given any formal evaluation or determination. Previous to this, she filed a fake POA which he did not sign. He got a revocation in that case. Now she has done this. His other children will not answer his calls and he cannot drive. What can he do?

Attorney Answer

1
Richard Shea ·
He can contact the institutions where he keeps his funds and instruct them that he is still competent. Any responsible institution would not restrict an account owners access to funds without a power of attorney or court ordered guardianship. The account owner has a contractual relationship with the institution that they cannot breach. If his institutions are incorrectly restricting his access, consider a new institution.
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