Legal Question in Elder Law in North Carolina

My 84 year old father is being taken advantage of by a grand daughter who is using him to get to his money. He has medical needs and should be keeping his money to assist in paying his medical bills. I am currently spending my time and money to take him to doctors and helping to pay for copayments and other needs. How do I get legal authority to prevent him from withdrawing money out of his account to give away to someone who is married and should not be asking him for money?

Asked on 8/30/12, 12:09 am

1 Answer from Attorneys

Jay Mills Burns Day and Presnell, P.A.
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If your father is still mentally competent, it is difficult to "force" him to do anything. That being said, it is often smart to set up an appointment with an estate attorney to have your father execute a power of attorney, or add your name to a checking account, etc. If you are named his power of attorney you will have a fiduciary duty to carry out his wishes, but it will give you some control (or at least direct access to information) regarding this situation. It is important that you do something if you are sure that the granddaughter is taking advantage of him. Good luck going forward.

Jay Mills

Burns Day & Presnell

919.235.3824

Read more
8/30/12, 5:07 am

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