My father has been diagnosed with advanced dementia. He started seeing someone he met online. She has restricted access to him from his friends and family and controls his finances. She has moved him and changed his phone number. We don’t want to go to court to declare him incompetent as he’d never speak to us again. The concern is that she would manipulate my dad into signing away his assets as his memory issues increase. How do we prevent that and/or fight it in court if it does?
ANSWER BY MARGARET CROSS-BELIVEAU:
Having him declared incompetent is your only option. You can refer the case to elder services if you are worried about your father’s reaction. If you wait until your father passes away, you will never recover his stolen assets. If fact, she will probably disappear with them before he dies.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.