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.)
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