My widowed aunt who lives alone in NJ was diagnosed with dementia. Recently we’ve learned that her condition has significantly deteriorated. Can you advise on what steps need to be taken to get her proper care her finances in order?
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My widowed aunt who lives alone in NJ was diagnosed with dementia. Recently we’ve learned that her condition has significantly deteriorated. Can you advise on what steps need to be taken to get her proper care her finances in order?
She is frequently brought home by the police or kind strangers when she gets
confused and can’t find her way home. Among many other things, she can no
longer remember family names and connections, including her kids. She can’t
remember things that were mentioned moments prior. We found a bank balance
that has dropped over 200,000 in less than 2 years. Her bank knows her so she
just walks in and withdraws money with no id or bank card and they allow her to
withdraw hundreds at a time, sometimes multiple times a day. No one has access
to ANY of her financials. She has no will. It seems pretty clear that she can’t live
alone anymore and may need constant care, but she will not move in with anyone
insists that she will stay alone in her home until she dies. One thing that has been
constant is that she is very stubborn. Trying to get her to do anything she doesn’t
want to do will be ugly.
Asked on November 8, 2017 under Estate Planning, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The attorney is right: only a person of sound mind can create a will (or a power of attorney). What she needs is a legal guardian: that is, she needs to be declared incompetent by a court and then have somene appointed her guardian and given the power to make decisions for her and manage her affairs. Speak to an elder law attorney about how to do this and who should be involved in the process (e.g. her children). This is not a simple legal matter, like a small claims case: you will need attorney assistance.
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