Q: Can a man who's had a major stroke close out joint accounts and give away assets when he is married?
After my step dads major stroke to the right side of his brain, he became aggressive. Especially towards my mom and I ... He even notified others of his intentions to stab her to death. He was removed from the home by the police and now living with a man he hasn't seen in over 55 years and whom he gave up all parental rights to when this man was 4years old. This man has a lengthy criminal past and has now been appointed guardian of the estate. My step dad since the stroke has closed out joint accounts from checking and savings accounts as well as any investments. He's also taken ownership of a vehicle that my mom uses to maintain one of their properties. Add to this he's made false accusations to Adult protective services and said horrible and damaging things in order to petition for guardian of the estate. Prior this man was never listed on any Wills or as a beneficiary of anything of value.. He's now referring to my step dad as "dad" He's lied under oath. APS is assisting him.
A: You and your family are experiencing a very complicated elder law issue. I recommend you hire an experienced local elder law attorney to assist you. Your question cannot be answered online.
A: Your mother should be talking to her own Attorney. Divorce might be the solution but she needs to find that out. (Ms. Hollis sees this as an elder law question and it might also require the assistance of an elder law lawyer if your mother doesn't want to get divorced. But I think you mother should definitely talk to a divorce lawyer.)
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.