Legal Question in Wills and Trusts in California
legal incompetency
what is the process for determining the mental competency of a person? He has limited funds, yet has fallen prey to all of the various scams including foreign lotteries, numerous bogus charities and sweepstakes to the tune of 50k in the last 3-4 months. We have taken him to the local police department and the detective in charge tried to explain that these were all frauds yet he is still sending money and thinks he is going to win. At this rate, he will be through his entire retirement within the next six months or so. thank you
1 Answer from Attorneys
Re: legal incompetency
You need to file papers with the court in order to prove that your father is no longer capable of handling his own funds. An executor to his estate should then be named by the court. This excecutor will then have the final say in all money that your father spends. There are several laws in the State of California that make it illegal for telemarketers to take advantage of the elderly. I would contact your local politician and ask what laws apply to your father and then try and have the calls to your father traced in order to identify these people. I would suggest you install a caller ID box at your father's house and block any numbers that will not allow their number to be shown. This should take care of some of the problem. Good luck.
John Hayes
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