QUESTION
How do I prove my father is not of sound mind to make his own decisions?
Asked on Nov 15th, 2013 on Estate Planning - Michigan
More details to this question:
My father is in the early stages of Dementia and is losing it! I was working with him and his secretary who does not like me convinced him to fire me because she threatened to quit. I was learning the business in order to take over and his secretary and the secretary's brother who both work for him were upset because they thought they were going to get the business. My father leaves the water running constantly, says the same stuff over and over again sometimes within minutes. I am afraid now that I'm not living with my dad, that they will convince him to sign everything over to them and try to take everything from him!!! My father is in denial that he is ill and not of sound and mind. Is there anything we can do to stop them from taking all my father's belongings and business legally?
13 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Go to Probate Court in the county where you Father lives. File a petition for appointment of a conservator to handle your Father's financial affairs.
Answered on Nov 22nd, 2013 at 6:46 PM
Edwin K. Niles
You should have a conference with a lawyer who is familiar with conservatorships.
Answered on Nov 19th, 2013 at 11:58 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of an attorney who specializes in conservatorships/probate, to obtain control of your father and his estate to manage for him; a medical capacity declaration will be required; talk to the attorney.
Answered on Nov 19th, 2013 at 11:57 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It sounds like you will need to petition for guardianship and have him evaluated by a doctor. I think you will need to talk with a local attorney about the best way to proceed because your father will probably not agree to the guardianship.
Answered on Nov 19th, 2013 at 4:31 AM
Yes, you can petition a court to have yourself appointed his legal guardian. You will need an opinion from a medical doctor to support the petition that he is not legally competent. You can also warn the other people that there are laws that protect the elderly from financial exploitation. You will need an attorney to assist you with this. You should do so immediately, these situations can get worse quickly and some kinds of problems cannot easily be reversed.
Answered on Nov 19th, 2013 at 4:30 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If you are willing to risk further upsetting your dad, you can suggest that he have an independent medical examination to assess his capacity. If he has capacity, he will be upset, but it will prove your fears unfounded. If he lacks capacity, then anything signed recently would be highly suspect. At that point, you would need to petition the court to become his guardian/conservator.
Answered on Nov 19th, 2013 at 4:19 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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First, this is a long road you're going down. It is important that you remember that your father retains all of his civil rights. The business is his, and he can give it to whom he wants. That is true until and unless it can be proven that it is a disease process that is interfering with his ability to make good decisions. That will not happen all at once. If your father does not have an estate plan and business transition plan now, see if you can convince him to see a lawyer about creating one. He also needs to keep going to doctors, as there are treatments which will slow the progression of most dementias. For your part, you need to be supportive and stick by him.
Answered on Nov 18th, 2013 at 12:20 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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File a petition for conservatorship. You'll probably need an evaluation from a physician.
Answered on Nov 18th, 2013 at 12:20 PM
2 Awards
You will need to get a conservatorship. This will be rough, and it may upset your dad further, but if you and he have had a good relationship and he out of the blue fires you, it sounds like he is being influenced. Even if it is a limited conservatorship such that he retains a lot of rights, and especially rights over his money, you should be able to get one pretty easily. It will put the issue on the radar screen and anything they try to do will be suspect. See an attorney ASAP. DOCUMENT EVERYTHING.
Answered on Nov 18th, 2013 at 12:19 PM
You should speak with an attorney specializing in Conservatorships about filing a Petition with the Court to protect your father and his interests. In all probability, you will not be appointed as the Conservator.
Answered on Nov 18th, 2013 at 12:19 PM
If your father is still legally competent, you can ask him to grant you Power of Attorney for Financial and or Health Care matters. If this is no longer possible, you can apply to a probate court to be granted guardianship/conservatorship of your father. You will need a doctor's diagnosis of diminished capability and preferably from two or three doctors from different practices.
Answered on Nov 18th, 2013 at 12:18 PM
3 Awards
Speak with a guardianship attorney about proceeding with a court ordered guardianship. Best of luck to you and your father.
Answered on Nov 18th, 2013 at 12:18 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Yes, seek out the assistance of an Elder Law attorney. If your father is no longer able to make his reasoned and informed medical and handle his financial matters appropriately and does not have the proper durable power of attorneys then you could petition the probate court for Guardian and Conservator.
Answered on Nov 18th, 2013 at 12:17 PM