Is there a way for a court to judge my father legally incompetent without me filing for guardianship?
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Is there a way for a court to judge my father legally incompetent without me filing for guardianship?
My 85 year old father, who was twice found incompetent by a psychiatrist while in the hospital, is being taking advantage of by someone he met on the beach. I live far away and can not take on guardianship responsibility nor cost. Is there a way for a court to judge my father legally incompetent without me filing for guardianship? Is there any other way to prevent this stranger from going to the bank with him to take all his assets without me being guardian?
Asked on February 28, 2012 under Estate Planning, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, there is not. Some one has to step up to the plate here and get over there to protect him from those that will take advantage of him. Otherwise you are going to have to go after them later on to get the money back in to the estate. You may be able to legally change accounts, etc., in order to protect him but he will wtill be allowed access to his money. Maybe you should consider moving your Father closer to you. Good luck.
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