Need help in Washington state

[Netmar]

I have a friend who's sister and brother in law are trying to control everything in his life due to a decree in his father's will that says that the sister is to have control over him until the day she dies. She tells everyone in his life that he is retarded and cannot do anything for himself. There is nothing on record that says he has any disability at all and they do not have power of attorney.

They are right now trying to tell him what he can and cannot do in his life and finances. His bank, twin star, has said they will add the sister and brother in law onto his accounts without his knowledge if he fails to do as they want him to.

This guy needs help bad, but I do now know who to refer him to, what type lawyer, or where to find what he needs.

 

[quincy]

An elder law attorney.

 

[LdiJ]

An elder law attorney.

Assuming he is of the age where an elder law attorney is appropriate, I agree. However, in the meantime, he needs to close his accounts at his current bank and open another account somewhere else that his sister doesn't know about.

If his inheritance was left in trust, and his sister is trustee of the trust, she would have control of that but only as far as the trust instructions state.

 

[bcr229]

I would also suggest that he gets a PO box and have important mail, like bank statements, sent there instead of to his home where his sister can potentially intercept them.

How old is your friend? Is he gainfully employed? Does he rent/own his own place or does he live with his sister and her husband?

 

[Dandy Don]

Someone needs to tell him that the provision in the father's will (that the sister is to have control over him until he dies) is meaningless and can not be enforced and does not apply to him. And he can tell his sister that also. Is he mentally competent?

If he has assets, he needs to prepare his will. And he needs to decide now if he wants to give durable power of attorney to a trusted friend or another family member or to his elder law attorney, so that person will have authority to make medical decisions and handle his finances if he should become incapacitated.

 

[Netmar]

I would also suggest that he gets a PO box and have important mail, like bank statements, sent there instead of to his home where his sister can potentially intercept them.

How old is your friend? Is he gainfully employed? Does he rent/own his own place or does he live with his sister and her husband?

He is 60yo, holds a job and rents his own apartment. The problem with the bank is, the bank will tell his sister and her husband if he tries to do anything at his bank while attempting to delay him from doing anything. I think this is probably illegal, but at this point it's not stopping anything

 

[Netmar]

And I have told him that what was in his father's will is not enforceable. However, his sister has been drilling that into him since he was a kid. It's going to take someone he sees as an authority to make him believe otherwise. He wont see an attorney in our town because he believes that his sister has made sure they wont have anything to do with him. Small town, so it could happen. The sister has slandered his name all over town so I know many people will not deal with him for fear of what the sister will do when she finds out.

 

[Just Blue]

He is 60yo, holds a job and rents his own apartment. The problem with the bank is, the bank will tell his sister and her husband if he tries to do anything at his bank while attempting to delay him from doing anything. I think this is probably illegal, but at this point it's not stopping anything

He needs to file a complaint with his state's
Banking Commission.

 

[t74]

Is there a senior services agency in his town? They may have a referral service for attorneys or a social worker who can advise him If he is low income and cannot afford an attorney, he should check with the legal aid service or law school legal clinic.

Has he ever needed another person to handle his affairs? Is there any reason to suspect that his sister is mismanaging money duw to him from his parents' estates? Where is his father's attorney in this situation?

Is she or her husband abusing or threatening him physically?

Does he have a physician who would testify that he is competent to handle his own affairs?

IMO, your best way to help him is to find an attorney or agency with the legal authority to assert his independence and to make certain he is not and has not had his inheritance misdirected. Since it apparently is a small town, he my need to go to the county seat/courts.

In my community, abuse of the elderly and disabled is taken very seriously.

 

[Litigator22]

I have a friend who's sister and brother in law are trying to control everything in his life due to a decree in his father's will that says that the sister is to have control over him until the day she dies. She tells everyone in his life that he is retarded and cannot do anything for himself. There is nothing on record that says he has any disability at all and they do not have power of attorney.

They are right now trying to tell him what he can and cannot do in his life and finances. His bank, twin star, has said they will add the sister and brother in lawonto his accounts without his knowledge if he fails to do as they want him to.

This guy needs help bad, but I do now know who to refer him to, what type lawyer, or where to find what he needs.

I don't see your friend as being in need of an attorney specializing in any particular field of the law. Any will know that his father - living or dead - was powerless to impose such authority. What he attempted do and failed to do was to usurp the exclusive auspices of the courts and create a conservatorship from the grave. Again, that effort was without legal force or effect.

To me its just a matter of your friend finding an attorney in sympathy willing to take an aggressive stand against the sister by informing her to cease and desist her outrageous illegal conduct. And willing to take such remedial action, legally and equitably as are deemed needed.

 

[bcr229]

He needs to file a complaint with his state's Banking Commission.

https://dfi.wa.gov/consumers/file-complaint/banks for Washington state. Complaints can be filed online.

This whole situation seems rather weird. If my siblings went to my bank branch and demanded access to my accounts, they would get booted out.

 

[Netmar]

I don't see your friend as being in need of an attorney specializing in any particular field of the law. Any will know that his father - living or dead - was powerless to impose such authority. What he attempted do and failed to do was to usurp the exclusive auspices of the courts and create a conservatorship from the grave. Again, that effort was without legal force or effect.

To me its just a matter of your friend finding an attorney in sympathy willing to take an aggressive stand against the sister by informing her to cease and desist her outrageous illegal conduct. And willing to take such remedial action, legally and equitably as are deemed needed.

I completely agree. Problem is, he's not a senior citizen yet, so we cant go to any kind of elder services attorney, do I get him to a general practice? Or what type of lawyer do i need to get him to

 

[quincy]

I completely agree. Problem is, he's not a senior citizen yet, so we cant go to any kind of elder services attorney, do I get him to a general practice? Or what type of lawyer do i need to get him to

Those age 60 and older are "seniors."

Here is a link to resources for your friend:
https://www.washingtonlawhelp.org/issues/aging-elder-law

 

[t74]

Rather than "elder law" think "estate law". Not only the elderly need wills, etc.

One of the hardest things for a single person who does not have a good, trusting relationship with family to do is to identify someone to act in his best interest and according to his wishes and get that legally established.

 

[Netmar]

Ok, I thank y'all for the help. I think I got it covered now. Only just need to research some attorneys before deciding on one. I would have continued being completely lost.