Step Sister is trying to steal my Step father, please help!

[Just Blue]

There is one and only one legal recourse. Which is to consult with a Florida lawyer acquainted with Florida guardianship laws. (Chapter 744 Florida Statutes) There you will learn who in sympathy might be qualified to file the necessary petition to determine incapacity and for their appointment as guardian.

This is a very complex procedure, so don't be thinking that it can be done without employing a competent professional.

As an attorney Latigo...Do you think OP or his wife have the legal right to challange the Stepfathers daughter? Based on what the OP has posted here.

 

[FreddyH]

There is one and only one legal recourse. Which is to consult with a Florida lawyer acquainted with Florida guardianship laws. (Chapter 744 Florida Statutes) There you will learn who in sympathy might be qualified to file the necessary petition to determine incapacity and for their appointment as guardian.

This is a very complex procedure, so don't be thinking that it can be done without employing a competent professional.

Thank you. My wife and her siblings will be consulting with an attorney tomorrow.

 

[LdiJ]

As an attorney Latigo...Do you think OP or his wife have the legal right to challange the Stepfathers daughter? Based on what the OP has posted here.

Just a point...

Stepfather's daughter wants to separate a married couple. OP and his wife want to keep a married couple together. I suspect that at least some judges would lean in the direction of keeping a married couple together unless their dementia has progressed to the point where they no longer know who each other is...and even then, there would be the issue of income and assets and how that income and those assets would be best utilized to protect the interest of both spouses.

As Latigo said, its a complicated situation. This wouldn't be happening at all if the married couple were both the parents of the adult children...nobody would be trying to separate them if that were the case.

 

[latigo]

As an attorney Latigo...Do you think OP or his wife have the legal right to challange the Stepfathers daughter? Based on what the OP has posted here.

Not sure what you mean by "the legal right to challenge" or in what setting, formal or informal.

But in addressing the issue as presented to us I think it proper to assume that due to some form of mental and/or physical impairment the subject person is incapable of making or communicating responsible decisions concerning his personal needs and care.

Under Florida law any resident of the state who is sui juris and is 18 years of age may be appointed guardian of a resident ward (F. S. Section 744. 309 (1)(a) Consanguinity is required between the applicant and the ward only if the applicant is a non resident of the state.

So it may be such that the daughter-in-law would be qualified to file a petition to determine incapacity and seek her letters of guardianship. And should it come to that, and even if the daughter also filed or objected to the petition on whatever grounds she might chose, the paramount consideration would not rest with their respective relationship to the proposed ward.

The preamble to the Florida guardianship statutes make it very clear in that it is the bests interests of the ward that must be considered. And personally I don't think the daughter could convince the court that removing him from his home and spouse would be in his best interests.

On the other hand I think the daughter-in-law, in the right formal setting, could very well successfully challenge the daughter's plans to remove him. Nor can we discount there being an ulterior motive on her part.

 

[FreddyH]

Not sure what you mean by "the legal right to challenge" or in what setting, formal or informal.

But in addressing the issue as presented to us I think it proper to assume that due to some form of mental and/or physical impairment the subject person is incapable of making or communicating responsible decisions concerning his personal needs and care.

Under Florida law any resident of the state who is sui juris and is 18 years of age may be appointed guardian of a resident ward (F. S. Section 744. 309 (1)(a) Consanguinity is required between the applicant and the ward only if the applicant is a non resident of the state.

So it may be such that the daughter-in-law would be qualified to file a petition to determine incapacity and seek her letters of guardianship. And should it come to that, and even if the daughter also filed or objected to the petition on whatever grounds she might chose, the paramount consideration would not rest with their respective relationship to the proposed ward.

The preamble to the Florida guardianship statutes make it very clear in that it is the bests interests of the ward that must be considered. And personally I don't think the daughter could convince the court that removing him from his home and spouse would be in his best interests.

On the other hand I think the daughter-in-law, in the right formal setting, could very well successfully challenge the daughter's plans to remove him. Nor can we discount there being an ulterior motive on her part.

Thank you all for the excellent feedback.

 

[stealth2]

I would consider this beginning stages of dementia. They repeat things all of the time and cannot drive as of around 6 months ago.

I found her last medical report for early this year, it read as follow:

"Dementia, must have assistance to protect herself from hazards of her daily environment."

I hate to tell you this, but if MIL cannot drive and needs assistance with her day-to-day living, it is NOT the early stages of dementia.

What alternatives have your wife and her siblings come up with that may keep the couple together?

Try to remember that your SFIL's daughter is looking out for her father, which is something everyone should understand and respect. It would be best if your wife and her siblings could find a way to breach the gap to work together, for the sakes of both of these elderly people.

And some advice to your wife and her siblings. Go to http://www.alzconnected.org/discussion.aspx and read the message boards, to gain some perspective of what the future holds. Their Mom is not going to be able to live alone eventually. Nor alone with her husband, if he is also suffering from dementia. So that means 24 hour care by a stranger (very expensive), a home (also very expensive) or with one of her children (expensive emotionally for all, but particularly the caregiver). Seek out local support groups (I am sure their local hospital or senior center can provide some referrals). The coming road is very difficult for all concerned. It is wise to be prepared. Trust me on this.