How can I take over his finance not his wife. His wife spending his disability checks. Is there a way she has to ask if she can use his card. Before she's spends it. Thank you
If your brother has capacity, he can give you a power of attorney. If not, you would have to file for a conservatorship. That’s a complicated, expensive court procedure. It would be an uphill battle, because a spouse is given first preference in naming a conservator.
If he has capacity, he can give anyone he choose power of attorney.
If he lacks capacity, only a conservator can control his finances.
With an aneurism last August and the wife spending the disability checks, I suspect he lacks capacity. Is he at home or in a Skilled Nursing Facility or Assisted Living facility? Those places are not cheap.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
You have two basic options to obtain control of brothers finances:
If brother has capacity, he may appoint you as his agent with authority to manage finances.
If brother does not have capacity, your attorney can petition to have you appointed as conservator of brother's estate with authority to control finances.
I have assisted clients with each option in previous cases. More information needed to advise you how best to proceed.
Are his disability checks from SSI or SSDI? Your brother can name a payee for the checks so that they don't go to his wife.
Or you can get a conservatorship, which is an expensive court procedure.
Or you could have him open a new bank account and have the checks deposited into that account so the wife can't get to it.
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