Legal Question in Wills and Trusts in Georgia

If someone in my family coerced my mom to add them to bank accounts, cd's, and money market account with a pay on death clause when my mom did not have all her mental facalities. She had dementia


Asked on 4/29/16, 1:09 pm

1 Answer from Attorneys

What is your question? Are you a medical doctor? Just because someone has dementia does not mean that they are batty all of the time . They can have lucid moments. Also, how far along is the dementia? Just beginning? Advanced? When was the person added? how do you know they coerced the family member? Has the family member died? If the family member is alive, who has power of attorney?

You do not give any relevant information here. Adding a family member to bank accounts in and of itself is not weird or nefarious. Now if they are draining the bank accounts, its one thing. If they are just on there to help pay bills its another. You need to first get your information in order and then go see an elder care attorney who practices in the state and county where the family member with dementia lives. the only way to change this would be to go to court for you or someone else to become guardian/conservator over the family member's money. once established, the guardian/conservator can put the family member's money at any bank and can hire a lawyer to seek reimbursement if the person who did the coercing has taken any money for him/herself.

If the family member with dementia is dead, then the person whose name was added to the accounts will get all the money. again, if there was some sort of coercion that rose to the level of undue influence (and you will also need medical evidence concerning the dementia) then you will need a lawyer to sue that person and have a constructive trust imposed on the funds. However, you would only do this if you were a beneficiary or heir of the family member's estate.

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Answered on 5/04/16, 11:36 pm


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