What can I do to protect my father from loosing his limited assets which include a condo that he and I jointly own?

My 85 year old father is in hospital. He had surgery and has been improving. The doctors want to release him but they do not judge him mentally competent. They told me he needs 24 hour supervision due to his competency condition. Since I do not live there, a neighbor of his has been pushing for the hospital to release him to her. She told the hospital social service case manager she wants access to his finances. I was told that a petition for guardianship will be filed. I believe the neighbor is after my father’s money and will push the guardian for payments for taking care of him.

Asked on December 8, 2011 under Estate Planning, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to have a face to face meeting with your father's treating physician about his condition and what needs to be done in the future to take care of him as well as his mental condition. If the treating physician believes he is mentally competent, you need to have a power of attorney drafted (assuming one is not in existence) appointing you as his attorney in fact.

You as the son are in the best position to file a petition for a guardianship for your father where you would be the natural person to be appounted as such. I recommend that you consult with a Wills and trust attorney as to the best way to proceed in assisting your father.


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