any legal options?
My parents are currently married and my father refuses to give my mom control over the finances, including the check book. He is 81 yrs old and no longer able to pay bills or take care of their finances. He instead has my 27 year old brother pay bills for him and use his credit card. My mom recently found out my brother is abusing this process and using my parents' credit cards and checking account for his personal expenses. My mother would like to know if there is any legal action she can take to obtain control over their finances and take the responsibility away from my brother.
My opinion is that she talk to my father, but she insists that he refuses to comply. Any advice would be greatly appreciated.
Sincerely,
Jen Trellu
2 Answers from Attorneys
Re: any legal options?
As to legal assistance, Florida law provides for limited guardianship to assist a person who may be unable to care for their own financial affairs.
In order to discus this, as this is rather complicated, you can e-mail your phone number to discuss this further.
Re: any legal options?
Any reason why you have not spoken with your father?
Has anyone thought about confronting your brother about his use of the money? Your mother can speak to hgim or you can or you both can.
If your father is no longer competent (that is a tough test to meet), then your mother can have the court so declare him and remove any rights that he has to manage the money or make decisions.
If your brother is stealing the money, then your mother may report the theft to the police.
If your brother is taking advantage of your father, then your mother can report the matter to DCF (Department of Children and Families) and they will investigat the matter. If appropriate they can commence proceedings for elderly abuse against your brother.
By the way, if the marriage only had a single "pot" into which the family funds were placed, your mother has rights to this as well.
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