My father is involved in a scam that has lost him and my mother over 40K and counting. My mother has never agreed to any of it and is afraid to take any financial steps to save what they have left. He will not listen to any of his children. Can we take over his finances to assure that he doesn't bankrupt them?
1 Answer from Attorneys
You can petition to become the guardain and conservator for oen or both of yoru parnets. It is possible to becoem jsut the conservator (in charge of finances) but ifa Judge is going to determine that someone is incompetent, they often prefer to find them incapacitated too. You will need to get their doctor, or some other doctor to agree with you. (making poor decisions is not enough). If this works, you may be able to rpevent furhter losses. If it doesn't work, your father may never forgive you, and might cut all ties for a while. Be prepared.
You need to consult direclty with a probate attorney in your area. Many offer a free or low cost intial consultation. Take all the evidence that you have gathered that show your parents are unable to make financial decisions for themselves. Perhaps tjhat atorney can persuade your father to alter his plans, or give you (or your siblings) some control over his asets, without the court making the decision. Sometimes whent hey find our that their doctor thinks the kids shoudl make decsions, it is enough to convince the elderly, to allow the help.
Good luck
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