Legal Question in Wills and Trusts in Kentucky

My dad had a Massive Stroke last Tuesday, and just got out of ICU. I have signed all consent so far for him. He is not married but lives with his girlfriend. All assets are in my dads name, down to the cars and house. My father also gets a disability check and retirement check. That his girlfriend has already taken the money he has and had already forged his name on the checks so she could cash them. How do I protect my dads things and make sure the money only is used for him. I will be taking care of my father when he gets out. He has surgery in 4-6 weeks, and he has a possibility he could stroke again in that time, which could end his life. thank you. My father is responding through writing and has said a couple words. He knows who we are. He is 50% brain dead now.


Asked on 11/08/10, 7:18 am

2 Answers from Attorneys

Kelli Brown English, Lucas, Priest & Owsley, LLP

(1) Getting control. Has he executed a power of attorney document granting you the power to make his financial decisions? If so, meet with an attorney on notifying all of the places he does business. If he does not have one and can tell an attorney his wishes, meet with an attorney to prepare one. If he cannot act for himself, you can get a guardianship/conservatorship over him which is a court determination that he cannot act for himself and you can be appointed by the court to have the authority to act. You can contact an attorney to assist you with this or you can contact the county attorney in the county in which you father resides.

Once you or someone trustworthy has access to his accounts, they can be monitored and bills paid. Note that your father's money should only be used for his benefit, not for gifts or expenses for anyone else (like the girlfriend). If you start acting for him, any person for whom he owes money can ask you to account for your actions (now or in the event of his death).

I recommend you see an estate planning attorney who can explain this to you and guide you.

(2) Theft. Call the police and file a report concerning the theft by the girlfriend. See above and make sure someone trustworthy gets control. Have her vacate the premises (a lawyer can help you do this). Change the mail to the address of the person in charge. If you are in charge (see above), have a lawyer write her and demand re-payment of the funds.

I am sorry you are going through all of this. Best of luck.

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Answered on 11/13/10, 11:05 am
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

I concur with what was said by Kelli Brown. I would add that Adult Protective Services may also be helpful. Sincere best wishes as you go through this difficult time.

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Answered on 11/13/10, 11:36 am


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