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Elder Law - legal fees responsibility

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Anne Robertson

Junior Member
What is the name of your state (only U.S. law)? NJ
My father in law has a stepdaughter for which they had a very tumultuous relationship. As his dementia progressed, she imposed herself into his finances. She took advantage of his poor memory, and was able to get his general and healthcare p.o.a.. She also got him to change his will. She tried to present a closer relationship with him by suddenly calling him "Dad". She manipulated several other things without the family's knowledge (until more recently), most of which we were able to un-do, with the exception of the will. After her mother died, we moved my father in law to an Assisted Living near us. The wicked stepdaughter went to an attorney, and had him file a claim with the courts, accusing my husband of mishandling his father's assets (which are very limited), and asking the court to deny my husband's appointment as guardian. She does not have one shred of evidence, where on the other hand we have solid evidence to dispute almost every one of her false accusations. That all aside, we are having trouble accepting the law, which apparently states that my father in law is responsible for all of her legal fees, because she started all of this "in his best interest". She has a long reputation as a habitual liar, and even her own sister supports my husband. If this legal problem goes on much further, she will probably end up bankrupting him. The attorneys are of no help, they just keep saying "we want to avoid a trial because it will be too expensive". I would like to contact a congressman or somebody to take up this cause. We do not want my father in law to incurr any more expenses. The stepdaughter would never have started this if she had to foot the bill herself. Looking for similar stories or advice on where to turn, without spending a fortune.
 


Dandy Don

Senior Member
No senator or congressman is going to intervene in a personal family situation.

Best thing you can do is to hire your own family law attorney to defend your husband. The attorneys are deliberately misleading you when they say it's going to be an expensive trial. It will only be a few days, since there will be no evidence against your husband and the stepdaughter will be exposed for filing such a frivolous lawsuit. And if any fees are deducted that means she gets less money herself.

If there are medical records that prove the father-in-law had been previously diagnosed with dementia at the time the POA and will were written, then this automatically invalidates those documents. She must provide an accounting for all monies she withdrew and if she can't then she faces charges of breach of fiduciary duty and/or abuse of POA. Only reason she didn't want your husband to be guardian/conservator is that she knew the conservator controls the monies. Fight this and come out on the winning side or do nothing and continue giving in to this foolish stepdaughter.

DANDY DON IN OKLAHOMA ([email protected])
 

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