QUESTION

What can I do if my son is incompetent to handle inherited money?

Asked on Jan 27th, 2014 on Estate Planning - Louisiana
More details to this question:
My 25 year old son is an extreme alcoholic, he lives at home with me. We lost his father 5 years ago, then we lost his Grandpa less than a year ago. Grandpa left a lot of money to my son and my daughter. My son has no job, he eats sleeps alcohol. Loans money out to all his friends, buys all the food and alcohol for his friends and their party's etc. He has spent $50,000.00 since July of 2013 and has nothing to show for it. I am very concerned, as he also has mental and health issues, depression, very angry, mentally abusive, extreme psoriasis, constantly gets staff infections, high blood pressure, eyes getting a yellow tint, refuses to go to rehab or see a doctor. Grandpa not realizing has basically enabled my Son to possibly drink himself to death. Is there a way to declare him incompetent of handling this money, being that he spends it all on alcohol and his thinking is so distorted?
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15 ANSWERS

You would need to petition for guardianship.
Answered on Feb 03rd, 2014 at 7:36 AM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Seek the assistance of probate counsel to file a petition for conservatorship of his person and estate to obtain control and protect him from himself.
Answered on Feb 03rd, 2014 at 7:36 AM

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Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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You would need to file for a guardianship of for your son, of both his person and estate in the Probate Court where he resides. If you believe that this is an urgent and life threatening matter, you can apply for an emergency guardianship.
Answered on Jan 31st, 2014 at 10:54 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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You may be able to put your son's inheritance in a spendthrift trust if the estate isn't settled yet. You can also petition the local probate court to determine that your son is no longer competent to handle his own finances and to name a conservator to handle his money.
Answered on Jan 31st, 2014 at 10:37 AM

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Estate Planning Attorney serving Nashville, TN at Strickland Law, PLLC
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You can seek a conservatorship of his finances, but be prepared for a battle. You will be responsible for the costs and your attorney's fees, but can ask the court to reimburse you if the conservatorship is granted.
Answered on Jan 31st, 2014 at 10:37 AM

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You need to get a guardian appointed for your son immediately to handle his physical, medical and financial issues. You will need an opinion of a doctor that your son is not competent to handle his own affairs, unless your son would consent. Let me know if you need a referral.
Answered on Jan 31st, 2014 at 10:02 AM

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Thomas Edward Gates
You can look into the court to appoint a guardian to handle his financial affairs. It's to bad a Trust was not created while Grandpa was alive.
Answered on Jan 31st, 2014 at 10:02 AM

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Probate Attorney serving Las Vegas, NV
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Maybe yes, maybe no. In Nevada, if his issues are as a result of alcohol or drug use, no. If they are as a result of a mental issue that can be proven in court, then yes. I urge you speak with a guardianship attorney where your son lives. Best of luck to you.
Answered on Jan 30th, 2014 at 2:37 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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I assume that the funds were all left directly to your son and not set up in a trust? If that is the case, then going to court is probably your only alternative. You need to be appointed your son's guardian and conservator. This can only be done through the probate court. If your son objects, then you will need to get the judge to order an independent medical review to determine whether your son is incapacitated, and the extent to which he is. There is no law which provides protection to adults who simply make bad choices. There is no inherent help for alcoholics or (other) drug addicts. So it is not a sure thing that the court will appoint you. If a doctor finds that your son is a danger to himself or others, then you may be able to get appointment. There are other issues, here, as well. In a sense, by allowing your son to live with you, you are enabling him to continue to use, and you are preventing him from realizing the full expense of his illnesses. In order for him to get better, you may actually need to force him to leave, as hard as that may be. Given where things are at, you are not in a position to determine what is best, right now. For that reason, it is VERY important that you get help, for YOU. I would strongly encourage you to attend Alanon meetings. That may give you the strength, courage and wisdom to take whatever steps are necessary. I lived with an alcoholic for many years, and I know how extremely difficult this can be, and the toll that it takes on YOU. Your getting help for you may be the only thing that you can do, but it may also be the most important thing you can do for you, and for your son. I wish you the very best of luck and I will keep you in my prayers.
Answered on Jan 30th, 2014 at 2:36 PM

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Edwin K. Niles
You should petition the court to have yourself appointed as conservator. You'll need a lawyer who specializes; fees would be paid from son's money.
Answered on Jan 30th, 2014 at 2:36 PM

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Probate Attorney serving Roseville, CA
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Hire an attorney and file for conservatorship.
Answered on Jan 30th, 2014 at 2:35 PM

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Yes you can check with adult protective services (regarding his friends getting him to pay for their parties = financial abuse) and talk to them about a guardianship for your son. If they can't help I bet they would have alternative resources who could help you deal with this issue.
Answered on Jan 30th, 2014 at 2:35 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to file a petition to be his guardian and conservator. Find an attorney who handles that type of law immediately.
Answered on Jan 30th, 2014 at 2:34 PM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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You can start a guardianship proceeding. This will require doctors evaluations and can be contested by him. As an interested person you can file the action to begin the process for appointment of a guardian.
Answered on Jan 30th, 2014 at 2:34 PM

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Probate Attorney serving New Orleans, LA at James G. Maguire
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You could have a court declare your son to be incapable of managing his finances, and place someone in charge of his money as his legal guardian.
Answered on Jan 29th, 2014 at 4:39 PM

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