Legal Question in Wills and Trusts in Georgia

Girlfriend stealing money while father is dying

Hi. I would like to know if there are any laws or courtcases where a girlfriend is stealing money from her boyfriend, which is my father-in-law. While he has been in a hospital, dying, this girlfriend has been bringing his checkbook to the hospital and having him write checks. He is not 100% coherent. Also, credit card seems to be used. Taken over $25,000.00 from him. There is proof. Have there ever been courtcases regarding this where the family is trying to retrieve the money? He will have absolutely no funds for a funeral. Please let me know as soon as possible. This is going on right now.


Asked on 12/06/06, 11:18 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Girlfriend stealing money while father is dying

Sorry to say, if your father-in-law is coherent, that is, capable of making his own decisions, he can sign whatever checks that pleases him. This is the case even if it exhausts all of his funds. This does not mean that you and other families members can't try to persuade him otherwise.

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Answered on 12/06/06, 11:25 am
Walter LeVine Walter D. LeVine, Esq.

Re: Girlfriend stealing money while father is dying

While I generallky agree with Norman's response, you might have to seek the appointment of a Guardian (can be a family member) if he is incapacitetd. This would require the services of a good, local, elder law attorney familiar with these matters. You might also try to contact the credit card issuers and try to stop their use, if unauthorized. This might require something in writing from your FIL, and I suggest it be notarized. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Omitted facts could result in a different response.

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Answered on 12/06/06, 12:59 pm


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