Legal Question in Wills and Trusts in Florida

Hello,

My father remarried 10-15 years ago. A few years ago, he started showing signs of Alzheimer's disease. The new wife got a power of attorney over his affairs, signed by him, but he wasn't judged incompetent or anything like that.

Now the new wife wants him out of the house because he's getting worse. We (his children) are now trying to find a place for him in a memory-care facility. We started asking her about his financial affairs so that we could judge a monthly amount to pay in a facility. The new wife is absolutely blocking with regard to his finances. A superficial search in the Internet shows that she has been putting his property into joint name (JTWROS) with her.

Any suggestions about how to get her to pony up some of (his) dough for a facility - he had a half million or so, but she is slowly transferring it all to joint name - and how to prevent her from getting everything later on in a probate case.

Thanks in advance for ideas.


Asked on 12/30/11, 10:20 pm

3 Answers from Attorneys
Richard Kaplan

File for a Guardianship to be established if he is incapacitated.

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Answered on 12/31/11, 3:40 am
David Slater David P. Slater, Esq.

Apply to the Court to be appointed Guardian of his person and property.

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Answered on 12/31/11, 5:54 am
Lucreita Becude Lucreita D. Becude, P.A.

Be prepared to do battle. YOu must show that she has removed funds to a joint account during the time that he was declared incapacitated and/or showing signs of Alzheimer and/or dementia.

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Answered on 1/02/12, 9:26 am


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