Question:
Can I put my elderly father's money in an account without his name?
anonymous
2012-02-28 06:08:25 UTC
My father has the beginning stages of dementia and is living in a nursing home. He is over 85. I currently live in another state (but within driving distance) due to my job and cannot move back. My sister lives in the same town and within 1 mile of the nursing home, in his home. She is the middle child (I am the eldest), and has always been "daddy's girl." She has major problems. She has always stolen from my parents and other people. She stole money out of my parent's bank accounts time and time again without their permission, but they don't do anything because they don't want her to get in trouble. We are talking somewhat large sums here, like $10,000 out of a bank account multiple times, cashing out stocks worth tens and hundreds of thousands by forging documents, etc. 20 years ago, they finally said enough, and if she did it again they would prosecute. She broke into their house at this point and stole the family jewelry and valuables and pawned them. They finally decided to do something and pressed charges. She was also convicted of stealing from a former employer, and went to prison for 5 years. My mother has passed away by now, and since then my father has gone downhill with allowing her to do things. Since being in prison, she's held tons of jobs, none longer than a year, and started numerous businesses that drained both my parent's savings, stocks, (totaling over $1,000,000 in inheritance), and even the college funds and trusts of the grandchildren, including my son. Now, she is completely broke and living on unemployment from her last job of 6 months where they fired her for stealing but couldn't prove it so she's been collecting unemployment for over a year. She is living in his home, and because she is living right there nearby she sees him more than myself or my sister who lives across the country. I have tried to move him into a nursing home in my town, but he refuses to leave her and has threatened to report me for elderly abuse if I actually moved him. She's convinced him to sign over checks to her, cash out his final investment accounts, and turn over his house to her. Neither my sister or I even care if she got his house because at least we would know she wasn't homeless, but yet she still lies about it. She is extremely aggressive whenever's she's confronted about financial issues, and consistently lies about petty things. When my father was lucid he understood these things, and gave me power of attorney. She has since convinced him to rescind power of attorney (no one has power of attorney now). I am in charge of his finances except for the house (paying the nursing home, etc), because I don't trust her. She is still stealing his money, and he is continually aggressive toward me about why I cannot give more of his money to help her because she is so destitute. He makes $50 more per month than the bill for his nursing home, adult underwear, and medical bills. She always visits him once a day when she knows money is coming in she can get, when there is no money to steal she visits him once a week and claims she has no gas money to get there (he lives in a suburban area within .75 miles of his old house, and she is perfectly healthy and has a bike).

My question is, he will be receiving a $10,000 check soon as a one time payment for something. It will automatically be deposited into an account with only my name and his name. I would like to withdraw that money and put it into an account with only my name so she can't convince him to withdraw it. I just want him to have some kind of savings, even if it's $10,000. It's the last chunk of money he will ever have, and I know she will steal it. Am I okay legally to do this? I would open a separate account and not spend it at all unless he had a major medical issue.

Thank you so much for reading.
Three answers:
?
2012-02-28 06:50:08 UTC
Your really need to find a more permanent solution. Your fathers dementia is only going to worsen leaving him increasingly vulnerable to your sister. Your need to consult a lawyer in your fathers area and see about a competency hearing. I understand the need to protect this one off cheque but you really are treating a symptom rather than the cause. Is a joint account between you and your father a possibility? At least that way you can limit what amount he has acces to over a certain limit. Could you contact the people issuing the cheque explain that there is a competency issue and ask them to delay payment until a decision has been made. Failing these perhaps you should speak with the nursing home ask will they take the money to offset against future bills on the understanding that any balance should be used for medical costs. Be very careful your sister probably also knows that this cheque is coming and already has it marked down as her money. If you do anything that is not entirely legal she will take great delight in reporting you and causing untold hassle. At the very least ask the company to send the cheque to you physically rather than an automatic transfer then hand the cheque over to a lawyer until these issues are settled in a more permanent manner. Good Luck.
israel
2012-02-28 06:11:51 UTC
Having someone Elses money in an accountedge of then is theft. Plan and simple beat honest thing to do is put it in his bank account and pay and debt he might have. Plan for his barial and ceremony for later on in life. But don't be dishonest of someone has trusted you to care for them.
?
2012-02-28 06:12:42 UTC
If it's easy enough to get your hands on it, put it in your account and have him listed as the POD (Pay on death) and it would return to him if you died, yet you could access it for him at anytime. This would keep it away from gold diggers.


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