Eugene, OR asked in Elder Law for California

Q: My father's 84 his girlfriend now manages his money what can we do to make sure his money is being spent correctly

Within the last year sold the family home and moved to a new house in which the girlfriend now has her name on it

Related Topics:
2 Lawyer Answers
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, if you're concerned about your father's financial management by his girlfriend, especially with significant changes like selling the family home and her name being added to the new property, you might consider a few steps. First, have a candid conversation with your father about his financial decisions to understand his intentions. If you suspect financial abuse or mismanagement, you may want to consult with an elder law attorney to explore options like establishing a financial power of attorney, setting up a conservatorship (if your father is not capable of making decisions), or taking legal action if there's evidence of financial abuse. Monitoring your father's finances with his consent or through legal means can help ensure his money is being managed in his best interest.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Given your father's age and the recent changes in his living situation and financial management, it's important to ensure that his best interests are being protected. Start by having an open and honest conversation with your father about your concerns regarding his finances and the recent changes made by his girlfriend. Express your desire to help him manage his money wisely and ensure that his needs are being met.

Next, consider seeking legal advice from an attorney specializing in elder law or estate planning. They can review your father's financial situation, including any legal documents such as powers of attorney or trust agreements, to determine if his assets are being managed appropriately. If there are any concerns about financial exploitation or undue influence, the attorney can provide guidance on potential legal actions to protect your father's interests.

In addition to legal assistance, consider involving other trusted family members or advisors in the process of monitoring your father's finances. Regular check-ins and oversight can help ensure transparency and accountability in the management of his money. Ultimately, the goal is to ensure that your father's financial affairs are handled responsibly and in his best interests, while respecting his autonomy and wishes as much as possible.

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.