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Mentally incompetent mother and step father divorcing

Asked over 2 years ago - Seattle, WA

My mother has MS and many days she is disoriented and doesn't seem to know what is going on. She and my step-father plan to file for dissolution for money reasons. However, my mother inhereted a large amount of money several years ago that was supposed to go towards her medical care for the remainder of her life. I am concerned that with the dissolution he will disappear with her money and she will be left without anything. She trusts him fully. Is there anything her children can do? Seems like the state could step in to at least review the dissolution and the situation?

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Attorney answers (1)

Larry Royce Garrett

Reputation Level 7

Answered over 2 years ago. Estate Planning Attorney in Seattle, WA.

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There are several ways to protect the funds. But it will require some action on your part or that of your mother. If she is unaware or disoriented then she may need a guardian or at least a “litigation guardian ad litem” (LGAL) during the dissolution proceedings. A LGAL will ensure that your mother’s best interests are protected during the dissolution. If you feel she is at risk on a day to day basis then you may want to bring a guardianship action to seek the appointment of a guardian for her.
It sounds to me that you are right to be concerned for her well being. Generally the State is not a party or involved in such a circumstance until it is too late.

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