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re: Neurologist said he is considering filing with a judge to remove my FIL from his finances

Posted on 7/28/23 at 9:21 pm to
Posted by ScottAndrew
Baton Rouge, LA
Member since Aug 2009
960 posts
Posted on 7/28/23 at 9:21 pm to
Yeah the law is clear here. Powers of attorney become advisable. Protects all parties, easy to do.
Posted by LSUBFA83
Member since May 2012
3359 posts
Posted on 7/28/23 at 9:22 pm to
I think it's not so much the doctor forcing the issue. It's the judge who would make the decision based on a doctor's recommendation. But it would be better if you could get your FIL to sign POA before it got to that point. Try to get it done ASAP. You never had as much time as you think you will have.
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
64161 posts
Posted on 7/28/23 at 9:22 pm to
quote:

Talk to an attorney and get a POA set up now before he is no longer capable of signing. It does not have to be effective now but can spring if/when his capacity is diminished.


This is the correct advice. When my mother got Alz and eventually died from it, my father immediately went to an elder law firm and got living wills and all kinds of shite put in place for me in case he ever came down with dementia etc. Power of this and that. It needs to be done immediately.
Posted by Tiger in Gatorland
Moonshine Holler
Member since Sep 2006
9084 posts
Posted on 7/28/23 at 9:25 pm to
I can’t see how he can go straight to a judge. Perhaps he could make a report to adult protective services which I suppose could make it around to a judge if the family doesn’t intervene.
Posted by junior
baton rouge
Member since Mar 2005
2250 posts
Posted on 7/28/23 at 9:25 pm to
Know of a case where a guy gave away all his cash. Wife -of 50+ years- had to divorce him to save her home. They “divorced” but kept living the same, without him destroying their finances.
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
64161 posts
Posted on 7/28/23 at 9:29 pm to
quote:

I can’t see how he can go straight to a judge.


The doctor was giving them legal advice without giving them legal advice. He was telling them to go to court to take over his finances etc and he'd stake their claim, so to speak. OP's wife didn't hear it that way, then jibber jabberd to OP, which he rejabbered here.

Posted by Shut Up Mulllet
Member since Apr 2021
790 posts
Posted on 7/28/23 at 9:31 pm to
Sad bro. All I got
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25789 posts
Posted on 7/28/23 at 9:32 pm to
quote:

I tried googling, but I couldn’t find any evidence that a doctor could go to a judge to remove a person’s ability to do their own finances.


In some states (maybe all) doctors can file a petition with the court to have a conservator appointed to manage a person's finances who no longer has the mental capacity to handle it themselves. It is a necessary evil and there can be abuse but as long as there is close family who have the person's best interest at heart it should be a non-issue.


Someone mentioned removing their ammo if they have guns, I suggest removing the firing pins if you want to leave the guns to ease their mind, obviously, that is more complex if you are dealing with a revolver. Older folks have been known to have stashes of ammo in the oddest places, it might just be one or two cartridges but that is enough for them to pull a Junior Soprano.


Posted by liz18lsu
Naples, FL
Member since Feb 2009
17305 posts
Posted on 7/28/23 at 9:34 pm to
Usually the family in LA requests a "step-in", not sure a Dr.'s rights, without the family making the first move.

Strange Napolenotic Laws
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
7818 posts
Posted on 7/28/23 at 9:36 pm to
The doc has no intention of going to the court. He was just trying to stir the family to action.
Posted by LA Lightning
Member since Jun 2023
160 posts
Posted on 7/28/23 at 9:37 pm to
Has he been sleep deprived? Been in a car wreck or other trauma? I saw a chief neurologist at Ochsner misdiagnose a patient who was suffering from delirium from lack of sleep (aka combat fatigue). Consider an eval by a psychiatrist also.

Otherwise get a POA by an attorney ASAP unless the lawyer thinks he doesn't understand what he is signing and requires you to go to court. Take the car keys, he won't remember where he is going or how to get home.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51783 posts
Posted on 7/28/23 at 9:38 pm to
quote:

Talk to an attorney and get a POA set up now before he is no longer capable of signing. It does not have to be effective now but can spring if/when his capacity is diminished.


I can't agree with this enough. The MIL, wife and any of her siblings need to decide on who is going to be on the POA.

This is part of a series of ongoing conversations parents need to have with their adult children as the parents begin to decline so that when the inevitable happens, there's at least the framework for a gameplan.
This post was edited on 7/28/23 at 9:40 pm
Posted by Quatrepot
Member since Jun 2023
4061 posts
Posted on 7/28/23 at 9:38 pm to
Get atty to do a Durable Power of Atty
Posted by Thecoz
Member since Dec 2018
2553 posts
Posted on 7/28/23 at 9:43 pm to
Both my parents died from this disease.. my mil is at a point of not knowing who my wife is when visiting so speaking from experience…

I know the test you are talking about.. if the doc made this statement he is politely telling you … you are past time of stepping in …. Yes he can get involved and even get your dad sent somewhere if he feels he is in danger..

Cops can come also if called and with docs documents get involved.. they are not trying to do anything bad but unfortunately many people in your fathers situation get taken advantaged of by friends family and grifters..

As op said … get a power of attorney for legal and another one for medical.. talk to your dad and discuss if he wants to go on life support etc.. get it done asap because soon he will not be able to sign his name and that will really complicate things…


You need to move asap
The doctor was sending a strong signal.
Posted by Charter Embers
Member since Nov 2019
135 posts
Posted on 7/28/23 at 9:43 pm to
Also, they’ve changed the rules now to where an Alzheimer’s patient can go on hospice immediately, regardless of whether they supposedly have 6 months or not. Wouldn’t have to go anywhere, could stay at home, just would take him off the medications that are prolonging his life. Pain pills only, no heart medication, antibiotics, nothing. I have witnessed two grandparents go through this, and there was no quality of life once they reached the point where their bodies couldn’t survive without the medication. Both of them lived longer than they would’ve wanted to, and longer than I would in those same circumstances.
This post was edited on 7/28/23 at 9:45 pm
Posted by OweO
Plaquemine, La
Member since Sep 2009
114015 posts
Posted on 7/28/23 at 9:44 pm to
I have not heard of anything like this, but is this to protect his finances from himself?

I am now curious because this would have been kept my grandmother from being manipulated and having most of her money put into The Stanford Group. For those not familiar, this is a description of the stanford group.

quote:

The Stanford Financial Group was a privately held international group of financial services companies controlled by Allen Stanford, until it was seized by United States (U.S.) authorities in early 2009. Headquartered at 5050 Westheimer in Uptown Houston, Texas, it had 50 offices in several countries, mainly in the Americas, included the Stanford International Bank, and was said to have managed US$8.5 billion of assets for more than 30,000 clients in 136 countries on six continents.[1][2] On February 17, 2009, U.S. Federal agents placed the company into receivership due to charges of fraud.[3][4] Ten days later, the U.S. Securities and Exchange Commission amended its complaint to accuse Stanford of turning the company into a "massive Ponzi scheme".[5]


Anyway, the reality of it all is that there are some hard times to come and I wish your family the best. If I had to do it all over again, I would go to school to be a Neurologist (I'd want to be on the research end of it) because the brain fascinates me. Alzheimer's is an awful thing to watch someone go through the rest of their life with. Its almost cruel watching someone go through it once they can't remember anyone.
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
42766 posts
Posted on 7/28/23 at 9:44 pm to
quote:

Talk to an attorney and get a POA set up now before he is no longer capable of signing.

To be honest, it sounds too late for a POA. I’m an attorney and a notary, and I would not prepare a POA for someone, nor would I notarize a POA for someone, knowing these facts. At least not without letters from his doctor (perhaps both his primary doctor and neurologist) saying that he is capable of understanding what he is signing if he signs a POA. That’s just my stance/opinion, though, maybe the OP can find someone who will.
This post was edited on 7/28/23 at 9:45 pm
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25789 posts
Posted on 7/28/23 at 9:46 pm to
quote:

The doc has no intention of going to the court. He was just trying to stir the family to action.


I agree with that. I imagine most doctors would have to see evidence of him being taken advantage of before seeking a court-ordered guardian.
Posted by armytiger96
Member since Sep 2007
1222 posts
Posted on 7/28/23 at 9:50 pm to
quote:

But is it a legal warning?


I’m not an attorney but my guess is that he has a legal and moral obligation to step in when/if he suspects “abuse” or neglect. No different than protecting a child if they suspected abuse/neglect from a parent.

By no means am I insinuating that y’all are abusing/neglecting your FIL, but you should take the Dr’s warning as a sign that it’s time to get your FIL affairs in order. It’s to protect him and the family from the vultures that will try to take advantage of him.

I have had the misfortune of watching my MIL suffer from this disease for the past decade and it’s terrible. It really takes a toll on the whole family. Unfortunately, your FIL’s mental state probably will never be better than it was today.

If you’re not already, I highly recommend becoming a good listener when you’re wife grieves about the mental decline of her father because she will essentially lose her father while he’s still living and there isn’t anything you can do to “fix” it.
Posted by Hangit
The Green Swamp
Member since Aug 2014
39192 posts
Posted on 7/28/23 at 9:53 pm to
There are many bad actors behind every bush. One of my old teacher, who taught many BR kids, keeps getting targeted by people telling her they are her grandson, and he needs $5k to get out of jail. She calls an uber to go to the bank, but so far, a neighbor has caught it.

Scammers are everywhere. The Doc is trying to protect your wife's interests from strangers, or bad acting family who feel entitled.
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