Undue influence? Fiduciary abuse?

[seadrake]

What is the name of your state? California

Our family is concerned that one of our siblings is exerting undue influence on our father. Can anything be done to stop it? Here is the problem.

My 82 year old dad lives independently in CA, on a 3-acre riverfront property just outside a National Park. He has enough money coming in to support himself and is still getting around pretty well, although he is becoming increasingly forgetful. My 54 year old sister (one of four children) recently moved in with dad, allegedly to “take care of him.” Until she took up residence with dad, she was homeless and had left her job hoping to get permanent disability (not sure why she thinks she is disabled). undefined

Along the way, sis had what she refers to as a “nervous breakdown.” She was hospitalized for a time in a psychiatric facility, where she met and became involved with another patient. After being discharged from the psychiatric facility, sis (and her new boyfriend) returned to dad’s house, where they continue to reside at this time.

At this point, sis and the boyfriend are married (her fourth, his third), and have convinced dad to deed them a piece of his property on which to build a house. We (dad’s other kids) think this is a case of undue influence and possibly fiduciary abuse, and we want to know if there is anything we can do to stop dad from deeding his property to our sister.

Any suggestions or help with the above matter will be greatly appreciated.

 

[BlondiePB]

Call Adult Protective Services. Be sure to tell them about dad's forgetfulness; sister and her husband's pyschiatric history.

 

[seniorjudge]

Call Adult Protective Services. Be sure to tell them about dad's forgetfulness; sister and her husband's pyschiatric history.

You may have to file for guardianship/conservatorship on pa.

If APS says there's nothing wrong with him, then he will be able to give away everything to the home for unwed cats and there's nothing you can do about it.

 

[seadrake]

Thank you

Thank you Seniorjudge and BikiniAtoll native. , <site of first above ground nuclear blast.>

APS is the way to go. I am meeting with my brother tomorrow to discuss options then will make a call to the APS in my father's county.


I have read through other horror stories posted here and feel that:
Failure to act quickly to attempt correction in these matters can result in irreversible consequences,
and failure to act at all indicates the level of compassion for your kin folk(s).


Again,
Thank you.

Will keep you posted on how this goes. It will presumably be a while.

 

[BlondiePB]

Thank you Seniorjudge and BikiniAtoll native. , <site of first above ground nuclear blast.>

APS is the way to go. I am meeting with my brother tomorrow to discuss options then will make a call to the APS in my father's county.


I have read through other horror stories posted here and feel that:
Failure to act quickly to attempt correction in these matters can result in irreversible consequences,
and failure to act at all indicates the level of compassion for your kin folk(s).


Again,
Thank you.

Will keep you posted on how this goes. It will presumably be a while.

You are welcome. There's another option too - voluntary guardian/conservatorship. It works the same as non-voluntary whereas an estate and estate papers cannot be changed without court approval. If dad is agreeable, this would be the fastest way to protect his estate. Also, find his will and register it with the court and get certified copies for yourself and your brother. As you learned from the posts, it's much better to "nip things in the bud" rather than clean up the "fallout". Good luck and keep us posted. We like knowing about happy endings.

 

[seadrake]

Update at Eastertime

California

Good news, I was able to briefly talk to APS in Tulare County.

I then faxed them an outline of the troubles Dad is having. The APS officer of the day called back almost immediately and a good 20 min interview took place, to include that APS would send an investigator out soon to the home.

Unfortunately, there can be no comprehensive feedback to my brother and I after having taken this step. Privacy laws I supppose.

In the event that an elder law attorney is needed I would feel more comfortable with an referral from the forums rather than call the local bar assn. and be put at the mercy of the next name on the list.

Please advise. The county is Tulare, the city is near Visalia.

 

[BlondiePB]

In the event that an elder law attorney is needed I would feel more comfortable with an referral from the forums rather than call the local bar assn. and be put at the mercy of the next name on the list.

Please advise. The county is Tulare, the city is near Visalia.

An elder law attorney will be able to acquire the info from APS. Call a few in Tulare county. Make an appointment (free inital consultation) with a couple of them (the ones that you are comfortable with with just speaking to them on the phone).

P.S. Good work.

 

[lwpat]

You should consult with an elder care attorney with regards to the government assistance available to your father to be sure that he has properly applied for everything. Then you and your brothers/sisters need to have a joint meeting and plan for his future while he is still able to participate in the discussion. This should include everything including the funeral arrangements, executor of the will, living will, etc. This will save a lot of problems when he is at the point he cannot care for himself.

By the way, where is this money to build a house supposed to come from?

 

[seadrake]

more information and actions in progress.

California

An appointment with an attorney in Visalia has been made for tomorrow.
My brother, my wife and I all all travelling for the appt.

A decision about exactly what course of action to take is the main topic.
Already we are discussing conservatorship for both health and finances.
My brother and I do not believe he will willingly agree to voluntary conservatorship. My dad also is a willow branch in the wind about living trusts. APS did put me in touch with some web resources that outline scams, and frauds against senior. To guard against these scams and his gullible emotions in helping people we feel his finances at the least need to be tighty monitored if not totally regulated.

*Answering an earlier question about where my sister would get the money to build a house on the possibly sub-divided lot, she could only liquidate her retirement benfits to cover the expenses. What to live on then in her golden years?

Sign me getting off the pot and setting a course to at the very least decide on a plan.

Thanks for your help so far.