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Power of attorney

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osadad

Junior Member
What is the name of your state (only U.S. law)? Washington

My brother and sister feel that we take to get a power of attorney from my parents. We recently found out that my father has a gambling problem and t in a few years has created $100K in debt. I don't think my father will sign a power of attorney. Do we have other legal options to get some control over the finances?
 


latigo

Senior Member
It doesn’t sound feasible.

Because if he will not stop throwing his money down a rat hole and/or voluntarily surrender complete control of his finances, THEN the only other legal recourse open would be to secure a protective order and a court appointed Conservator to assume the management of his estate.

However, your post mentions nothing to indicate that the father is a candidate for a Conservatorship.

It would require convincing medical evidence – in fact because he is going to scream like an Irish banshee, possibly overwhelming evidence – establishing to the court’s satisfaction that because of a chronic debilitating mental or physical condition he lacks the capacity to not only make responsible decisions and apply his assets to necessary ends, but moreover fails to understand the nature and extent of those assets.

Sax
 

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