Is my uncle legally/financially responsible for my aunt’s care?

UPDATED: Nov 20, 2012

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Is my uncle legally/financially responsible for my aunt’s care?

My aunt is paralyzed from strokes and requires round the clock care. She has an adult live-in mentally handicapped daughter for whom she’s been saving money for after she’s gone. My aunt’s husband is well off financially but refuses to use any of his own funds to pay for my aunt’s care. He has been using my aunt’s money, which was intended for her daughter. He is now saying he wants to cut back on care for my aunt instead of using some of his money to help pay for my aunt. My aunt wants to cut back her care because of the money (since she’s paying for her care) but she requires 24/7 care because she is incontinent and paralyzed. She is 85 and her husband is 92.

Asked on November 20, 2012 under Family Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country if your uncle is using marital assets to take care of his wife instead of his own personal funds, such is legally permissible despite the fact that there is a special needs child living in the home.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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