Legal Question in Elder Law in Washington

Re: My sister is taking advantage of my dads money

The answer turns on whether or not your father is competent. If he is he can execute a new Durable Power of Attorney and name an Attorney in Fact.

If he's not competent, then he cannot.

And unfortunately, HIPPA prevents you from asking his doctor for a medical opinion as to his competency.

LEGAL competency is a fairly low threshold: does he know roughly what he has, and who the "objects of his bounty" (that's his heirs) are?

That's good enough. He doesn't have to be a rocket scientist to be competent.

ANd the law presumes he's competent unless or until proven otherwise.

If you think your father has been taken advantage of, or that your sister is using his money for herself, you NEED to call Adult Protective Services in your county. They will help you. Even if he isn't being actively abused the financial situation you are describing is a crime that needs to be investigated.

APS is like CPS. They are a state agency and they can investigate and if necessary get a guardian appointed for your father to watch after his best interests and NOT rob him.

Look them up at access dot wa dot gove under DSHS tonight, and call APS in the morning. Seriously.

Powell