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General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

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  #1  
Old 07-24-2020, 10:33 AM
rockscan rockscan is offline
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Default Family Issues and Death

I know this isnt family law but I figured with the knowledge on this forum there might be an answer. I dont want to involve an estate lawyer unless I absolutely have to.

Lets say there is a family with three kids. The oldest kid is made power of attorney and executor of the remaining parents estate. The parent believes the three kids can deal with everything when they die and doesnt care about what happens now or in the future. Problem though is that oldest kid is morally bankrupt. They have a history of skimming money/goods from places without getting caught, they take advantage of parent and borrow money on the pretense they will pay it back out of their share of the inheritance. They also have the ear of the parent and abuse their property, reduce the value of things and turn the parent against the other two siblings. The parent is oblivious and believes everything this kid says as they are the favourite and parent feels that the other kids are just being mean. Parent is in full control of their faculties and is not considered unable to make decisions.

In this example, parent is in the hospital for an extended period of time during which two kids have no access to the parents house, vehicle or belongings. Kid 1 has changed locks, claimed they will charge with trespassing and limited all access to parent. Nothing can be done as they are acting on the parents behalf and parent is of sound mind (albeit biased) and refuses to do anything but what kid 1 says.

Kids 2 and 3 have tried reasoning with parent who ignores or claims they are wrong and kid 1 simply explains it away as nothing. It could very well be nothing but there have been some indications it is notparent spending a lot of money on different unnecessary things, allowing property to be used or changed and letting kid 1 make decisions and have access to bank accounts.

Filing for a change in poa and executor may drive the parent to disinherit the two kids or it could drive them to do something else. Both kids are worried about their parent but have no power and no way to get through to parent that this is a concern. Parent simply thinks they are being mean to their sibling and parent has full control of their faculties and their life.

Is this one of those wait until they die and worry about it then situations or is there anything that could be done to put an independent third party in place to manage the parents finances and property even though they are competent?
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Old 07-24-2020, 11:05 AM
standing on the sidelines standing on the sidelines is offline
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the main thing here is that the parent is competent. As long as that is the case, what they do with their money, what they allow the one child to get away with etc is their business.

While it doesnt seem fair, I really do not think there is anything the other kids can do until the parent is deemed incompetent.
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Old 07-24-2020, 11:09 AM
rockscan rockscan is offline
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Thats what I figured.
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