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Mentally Ill Father - Need Help

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jsb983

Junior Member
I need some guidance and advice regarding my mentally ill father. I am trying to help my mom protect their savings and retirement from him spending or from his brother trying to steal it. I want to know what we can do, a financial conservatorship? LPS conservatorship? financial and health conservatorship, or????? Where we have to get it done?

Here is the background

My parents are married, retired, and in their mid 50's. They live in an RV and travel around. They have their mailing address in Texas, yet have been staying here in California for the last 9 months. My father has mental illness, and has been diagnosed Major Depression, Bi-Polar, Executive Function Disorder, and ADHD. He has been up and down over the past 5 years. He is currently on disability and recieve Disability pay from Social Security. He refuses to take his medication and refuses to think he has anything wrong with him other than ADHD. He has been in a Manic Episode for the last 2 months. He has been hospitalized 3 times within the last 2 months. Twice here in California, each for a 3 day involuntary hold. After his release he ran away to Texas to try and "heal himself" and get away from me, my brother and my mother (because according to him we are the problem, we are mentally ill). He was run out of several small towns in Texas until finally being arrested for criminal trespassing. Upon his arrest my mother immediately boarded a plane to help him out. He refused the deal my mother worked out with the judge to come back to California and recieve outpatient treatment and was again involuntarily put into a mental health facility. This time for 3 weeks. During his 3 weeks in the hospital he refused the hospital to share any information with us, and would not speak with or see us. He has cut off any and all contact with us. He was released last monday from the hospital and his brother (from Ohio) secretly came down to pick him up and take him back to Ohio. My father never told any of us that he was released, the hospital would not give us the information of his release. My uncle who picked him up never called us or let us know anything about what was going on. My uncle was unaware of any of my father's past mental health issues, and refuses to speak with us and allow us to help get my father the help and support he needs.

My father tried to liquidate all of my parents savings and retirement accounts last week over $500K! My mother was able to lock down the accounts so no money was able to be taken out yet. My uncle today sent an e-mail reply to me finally confirming that yes he has my father with him, and that he is applying to be his representative payee for his social security disability checks and also for power of attorney. My uncle and my father do not have a close relationship, previous to this event they hadn't spoken or seen each other in over 2 years. I am afraid my uncle is trying to take advantage of my father and trying to take his money. My uncle is currently unemployed and about to go into foreclosure. My uncle is refusing to allow anyone to contact my father.

What can we do to protect the assets and get my father the help he needs? Do we file in California, Texas, Ohio? Can we get a conservatorship over him? Can my mom use Probate Code 3100 to get authority to sign on my father's behalf to liquidate the assets and protect them by hiding them from my father and uncle?

How can we stop my uncle from getting his social security money and getting power of attorney over my father?

PLEASE HELP!!!
 


LdiJ

Senior Member
I need some guidance and advice regarding my mentally ill father. I am trying to help my mom protect their savings and retirement from him spending or from his brother trying to steal it. I want to know what we can do, a financial conservatorship? LPS conservatorship? financial and health conservatorship, or????? Where we have to get it done?

Here is the background

My parents are married, retired, and in their mid 50's. They live in an RV and travel around. They have their mailing address in Texas, yet have been staying here in California for the last 9 months. My father has mental illness, and has been diagnosed Major Depression, Bi-Polar, Executive Function Disorder, and ADHD. He has been up and down over the past 5 years. He is currently on disability and recieve Disability pay from Social Security. He refuses to take his medication and refuses to think he has anything wrong with him other than ADHD. He has been in a Manic Episode for the last 2 months. He has been hospitalized 3 times within the last 2 months. Twice here in California, each for a 3 day involuntary hold. After his release he ran away to Texas to try and "heal himself" and get away from me, my brother and my mother (because according to him we are the problem, we are mentally ill). He was run out of several small towns in Texas until finally being arrested for criminal trespassing. Upon his arrest my mother immediately boarded a plane to help him out. He refused the deal my mother worked out with the judge to come back to California and recieve outpatient treatment and was again involuntarily put into a mental health facility. This time for 3 weeks. During his 3 weeks in the hospital he refused the hospital to share any information with us, and would not speak with or see us. He has cut off any and all contact with us. He was released last monday from the hospital and his brother (from Ohio) secretly came down to pick him up and take him back to Ohio. My father never told any of us that he was released, the hospital would not give us the information of his release. My uncle who picked him up never called us or let us know anything about what was going on. My uncle was unaware of any of my father's past mental health issues, and refuses to speak with us and allow us to help get my father the help and support he needs.

My father tried to liquidate all of my parents savings and retirement accounts last week over $500K! My mother was able to lock down the accounts so no money was able to be taken out yet. My uncle today sent an e-mail reply to me finally confirming that yes he has my father with him, and that he is applying to be his representative payee for his social security disability checks and also for power of attorney. My uncle and my father do not have a close relationship, previous to this event they hadn't spoken or seen each other in over 2 years. I am afraid my uncle is trying to take advantage of my father and trying to take his money. My uncle is currently unemployed and about to go into foreclosure. My uncle is refusing to allow anyone to contact my father.

What can we do to protect the assets and get my father the help he needs? Do we file in California, Texas, Ohio? Can we get a conservatorship over him? Can my mom use Probate Code 3100 to get authority to sign on my father's behalf to liquidate the assets and protect them by hiding them from my father and uncle?

How can we stop my uncle from getting his social security money and getting power of attorney over my father?

PLEASE HELP!!!
Your mother needs a consult with an attorney NOW. I am not sure if TX or CA would have jurisdiction of the case but she should consult with a local attorney to start. She needs to do this first thing monday morning. This is not a DIY project, there is too much money involved not to be fully utilizing the services of an attorney.
 

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