Legal Question in Wills and Trusts in California
My wife�s father is a life time alcoholic and for the previous 20 years lived with a woman after his wife passed away. He has little money to speak of but he held some good jobs with an autobuilding company which he�s retired from. He is also a combat veteran honorably discharged. He has some retirement benefits which he is living from now. About a year ago he stopped drinking and had a heartattack. The attack triggered alzheimers and serioius dementia. He is only cognitive about reality 20% of the day randomly but there are times when he�s fully aware but not often and it doesn�t last long.
His live in wife at the time is now also elderly and not in the best of health. Her daughter has volunteered to handle his monetary affairs as we live 4 states away. My wife was able to establish medical power of attorney to help ensure he gets the treatment he needs in his last years. The hospital refuse to keep him and we found a nice elder care facility.
The auto company he once worked for has now (according to His live in wife�s daughter) sent documents demanding he sign a check to close out his death benefits for half of their value or they will stop the benefits he�s receiving for his daily bills at the elder care facility. He is not of his sound mind but the daughter obtained his signature on the check and now refuses to share the letter from the auto company. We�re not sure but we think she has been spending monies that exceed his living expenses and now she�s going after his death benefits. He is not wealthy but those monies were for his funeral arrangements.
My wife�s father has two brothers in neighboring states but do not want to get involved in his estate. My wife has an older sister who lives abroad and is estranged from the father refusing to speak to him. She has two younger brothers neither want to be part of these events.
What should we do ? Our fear is that he will pass away and owe bills that nobody can pay and have to be buried in a paupers grave because of his live-in wife�s daughter. Neither of them wanted any thing to do with this man after he was found to have dementia. Months later they felt guilty and offered to help since we were long distance.
What can we do to acquire financial power of attorney and how can we obtain those documents from the former auto-company ?
1 Answer from Attorneys
Does your father-in-law live in California? Do you have a copy of the power of attorney appointing the girlfriend's daughter as your father-in-law's agent? You need to see who is listed as an alternate agent. If one was not signed by your father-in-law, then it is questionable how the girlfriend's daughter is acting on behalf of your father-in-law. Otherwise, your only option is to be appointed conservator of the estate of him since it appears that he does not have capacity.
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