What do I do to get control of my incapicated fathers financials

UPDATED: Sep 30, 2022

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What do I do to get control of my incapicated fathers financials

My father had a massive stroke and is incapacitated, he will never recover, Family has already agreed to put me in charge of my fathers well being and finances. He does not have alot of assets but I need to get control of his financials

Asked on October 9, 2016 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only way to do it is to bring an action in family court to have your father legally declared incompetent and to have yourself appointed as his legal guardain (also called a "guardian ad litem"); only then will you have authority over his finances.
You will need medical evidence (e.g. the testimony of physicians who have examined and/or treated your father) to prove his incompetence to the court, and are advised to retain an attorney to help you.

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 AttorneyPages.com 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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