Expert Advice When You Need It Most

My grandparents are in their 70s and my aunt is milking them for all their worth what can i do?

Grandparents are in 70s grandfather is at home and takes care of himself , grandmother is in hospital, from a stroke and she can not take care of herself but is in a great state of mind. My aunt whom has had a couple of part time jobs in the past 40 some odd years and I mean 2 , my grandparents have taken care of her all of her life. They have now put her on their checking account and she writes checks for whatever her and her family needs. now she is putting my grandmother in a nursing home even though she doesnt want to go and I have said we can and will take care of her at home. Can I do anything to stop her control over my grandparents lives.

Save

Attorney answers (2)

Avvo Pro

Reputation Level 9
The infrastructure to protect seniors varies state to state. Here in California my first call would be to 'Adult Protective Services'. The equivalent government unit in KS is probably similarly named. Possibly Senior Protective Services. My second call would be to a qualified elder law attorney with experience in creating conservatorships. Although generosity by your Grandparents to their daughter is somewhat natural, the question is whether it is love and generosity or the result of fear or what we call undue influence. Seventies is young -- they may need to preserve those assets to handle future needs. It is appropriate for you to seek counsel to prevent your grandparents from being financially abused. If appropriate to protect them. A conservatorship/guardianship can be used to take control of their circumstances. Seek local counsel --

Very truly yours,

Joel S. Weissler
Attorney at law

Weissler Law Group
3333 Camino Del Rio South #235
San Diego, California 92108

Phone: (619) 281-1888

DISCLAIMER: Nothing in this post or transmitted by email should be interpreted as legal advice unless I have been retained and you have made a deposit towards my fees. This post is intended to help the person posting the question to ask the right questions with the attorney of their choice. This posting is for educational purposes only. Your time to act may be very limited and this could substantially reduce your rights and options. Do NOT rely on anything I have written here -- You should contact a lawyer in your area immediately after reading my posting.

The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
1 person marked this answer as good

Reputation Level 14
I generally agree with the first answer. Because your grandparents seem to be in a good state of mind, you need to have a loving conversation with them to help them see what your aunt is doing. This is challenging but needs to be done. If they want to stay at home and can afford to do so, or stay with you, that should be what happens; if your aunt is pilfering their funds their options will be limited. Contact me if you need assistance.
LEGAL DISCLAIMER

Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney to ensure proper advice is received.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now