Legal Question in Wills and Trusts in Illinois
Family Law
My elderly father is giving money to my nephew, because he feels he is the only one that can help him. My nephew is dependent upon any one that he can get help from. He get money from the person and never repays. He got money from my mother before she passed away, and now is getting into my father quite well. His mother (my sister) feels this is a big problem but feels helpless to stop it. I have talked to my nephew, and told him to stop this and I was told by him that he really doesn't want the money but feels bad if he doesn't take it if it is offered (he asks for it). I told him to refuse it, and to talk to me or his mother if he feels the need to ask for money from our father (his grandfather), his actions are affecting people in this family. He told me ''by all means he would not take anything further, and in the future talk to us''. Today I found out he is up to the same old ways, and asked for more money. In a nut shell he has always been an opportunist and a liar, and is very manipulative in getting what he wants. He has my father convinced that there is no one else he can turn to. How can I protect my 86 year old father from having his money taken, by his own grandson.
He is taking advantage of an old mans vulnerability
1 Answer from Attorneys
Re: Family Law/Elder financial abuse
Elder financial abuse is a big problem. This can be investigated. But if your father still has the capacity to make his own decisions and says this is what he wants to do then only persuasion will stop him.
The good news is, you seem to have done a good job of monitoring events. You are on speaking terms with those involved and you are keeping yourself current. That's good. You don't want to be so far out of the loop that you don't know if the nephew walks your father the bank to change his accounts in the nephew's favor. Would your father tell you if he did? Are you getting copies of his bank statements?
Some additional questions to probe may include: 1. What kind of "help" does your father need? 2. Has the nephew made any attempt to take over his financial affairs or get him to change beneficiaries on his accounts, will, trust or life insurance?
The problem may be that your father is in decline but not yet incapacitated. Or perhaps his capacity is intermittent. Does he have a power of attorney or a living trusts? If so, who did he name as agent and trustee? I would need to know more, but a petition to a guardian appointed for him is certainly an option.
I am traveling this week but you can call my office to set up a free phone chat if you wish. For the phone number please go to www.legacylaws.com.
Be well.
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