Does POA I have for my Mom, who has dementia, trump any contract law of spouse re her money?:
My mom has dementia - she is incompetent to handle her money, sign anything binding and legal, and to make most decisions. Recently, her husband convinced my mom to transfer $4,000 from her account (she's only name on it) over to a joint account so that he could access it. He also had her put a rush order on a credit card (of which my mom would have NEVER done because he is addicted to spending and is already paying down a $25,000 credit card(s) bill!
As POA, I found out about this the day it happened because I check her account almost daily! I managed to transfer the money back; went to the bank so that they could put a password on all of her accounts for if one tried to withdraw money, and they closed the credit card. I also made protective arrangements to my mom's retirement money, a much more significant amount.
My question is, with he being the husband, can he get a lawyer and have all that protection undone so that in fact, he has access to it all? Money is a HUGE issue with him, which is why the protection is needed in the first place.
Right now, all the money is safe, and I hope, for good! We are getting a lawyer!
Donald’s answer: These situations can be very tricky due to the nature of community property law and community debt law. It's further complicated by your mother's dementia and perceived incompetency. The best way to handle this is to consider a guardianship for your mother so that a court can determine her mental capacity and if needed appoint a guardian to manage her affairs for her. You can petition to be her guardian and if the court feels that it is in your mother's best interest, you may be appointed. I recommend that you find a guardianship attorney in the jurisdiction where your mother resides in order to take the next steps to resolving this. Additionally, if her husband may be financially exploiting her (potentially more complicated due to community property and community debt laws) then you may consider contacting adult protective services to have them check on her and/or open an investigation.
My 47 year old son committed suicide and was found on or around May 13, 2019. He left written notes naming a friend, but no will: He named a friend in notes he left, but I am his mother and I live in so. California. His father is dead, he was never married and had no children.
Donald’s answer: I'm sorry to hear about your loss. I've worked on a similar situation before. I agree with the previous answer. If your son had any wealth or assets that you cannot get control of, you should talk with an attorney who can guide you through the decision making process of doing a probate or not. According to WA law, as the only surviving parent, and if he had no spouse or kids, you are entitled to inherit everything your son owned.
Who do I talk to and where to start? my children’s father passed away with no will but the wife gave nothing..: The wife refuses to give the kids anything that was theirs and nothing of their fathers. She took all of everything including their fathers ashes. I am wondering what type of lawyer to see or if it is even worth the try, she even kept the beater truck he promised his son when he turns 16 and the truck is still in their fathers name. Thank you in advance.
Donald’s answer: I agree with all of the above. In addition, if the children are entitled to child support, you may want to consult with a family law attorney to see if there is anything to do about getting the child support obligation of your deceased ex paid. They may also be entitled to what's called an elective share and/or 1/2 of their father's separate property. You should definitely talk with a qualified family law and probate attorney about this.