Legal Question in Legal Ethics in California
Cash gifts
If a cash gift is given to me,
am I obligated to return it
if my mother has dementia and
another daughter is controlling her who wants me to return it back? The cash
gift was withdrawn at the bank willingly by my mother
if front of bank reps & my
husband and daughter. The next day she demands it back
and forgot the day before because of her dementia and
pressure from my sister. Do
I legally have to give it back? They are harassing me
as well. What do I do?
1 Answer from Attorneys
Re: Cash gifts
I once heard a judge describe dementia as a fog. The fog rolls in and it rolls out. On some days, the fog is thicker than others. Eventually, the fog will roll in permanently.
If the gift was given in a lucid moment, then you can keep it. If it was given in a moment of dementia, you need to give it back. So how are we to judge whether she was lucid or not when she gave you the gift? That is usually done in court with expert testimony.
You have to ask yourself if it is worth the fight with your sister and your mother to keep this money.
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