Legal Question in Elder Law in California
Dad has changed since he married woman 47 years younger
On 12/1/03, my 89 year old dad married a 42 year old woman.
I have structured my life to take care of him and have since Mom died 9/13/02. Now I have been totally cut from his life and he has been cut off from other close family members. We all agree that he has drastically changed in the last 3 1/2 months. He has thrown out his life long beliefs, ideas and feelings. Things he never would have approved of, he is. We know there is short term memory loss and probably some dementia, but probably not enough to declare him incompetent. We do believe there is undue influence. Is there anything we can do while he is still alive? I miss him, we all do.
2 Answers from Attorneys
Re: Dad has changed since he married woman 47 years younger
This is a very tough problem. Court's are reluctant to deprive older people of happiness in the final years, even if you don't think the new wife is being honest.
You need to consider a conservatorship. Your success will depend on (i) the judge, (ii) your father's capacity, and (iii) your father's inability to resist fraud. You should see an attorney who specializes in probate litigation and conservatorships as soon as possible. We have lots of experience in the area; call us if we can be of assistance. (310) 787-7577.
Re: Dad has changed since he married woman 47 years younger
You can try to get the court to issue a Conservatorship to you or other family member. It will require the court find the new wife to be mismanaging him. It will be a tough sell, but is your only hope. Part of the process would be to do a background check on the new missus to see if she has a history of this. Act immediately, or not at all. Contact me if interested in doing so.
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