Legal Question in Elder Law in Washington

Both married parents , presently living

/The father is sociopathic, money hoarder. Mother had a stroke one week ago and is unable to cook, write checks, and misc for herself. Expectations of her in order to live in this house is to keep up with all the above duties plus driving him. How do I, as the daughter, help mom get power of attorney to me.. When her husband is alive and watches every move she makes? Together they have over one million dollars and this CD Money is controlled totally by her husband. She is a brainwashed individual as this marriage has been going on for a total of forty=ffive years. She lives in fear and he has total control of her mentally. Can this be called Mental illness as it is of course, mental abuse. Thank you


Asked on 11/24/07, 2:52 pm

2 Answers from Attorneys

Merry Kogut Key Peninsula Law

Re: Both married parents , presently living

You have at least two options. One is for you to file for guardianship (for just your mother or for both your parents). The other is to contact Adult Protective Services and let them file for guardianship.

Feel free to contact me privately for a confidential discussion of these options.

Merry Kogut

[email protected]

253.884.8484

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Answered on 11/24/07, 4:33 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Both married parents , presently living

Ms. Kogut is proposing (and rightly so)that there is a point at which you cannot stand by and watch someone you love be abused.

APS can be useful, and if your mother is competent (which she may well be, even after having had a stroke) she can write you a durable power of attorney which you can use to look after her best interests.

However, please don't be shocked and suprised if your mother doesn't want your intervention. Even people who are grossly abused are sometimes very reluctant to change their circumstances. This can be considered a symptom of the abuse in their life.

WA courts will not impose a guardianship unless or until a person is demonstrably no longer competent. In the absence of a suitable relative, a guardianship company is sometimes appointed, and whatever resources the ward has are utilized until they are gone.

In order to avoid unintended consequences I hope you do go talk with Ms. Kogut. Hope this helps - Elizabeth Powell

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Answered on 11/24/07, 7:30 pm


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