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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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