Father has girlfriend in control of assets

[sailorgirl888]

What is the name of your state?What is the name of your state? Connecticut
My father has his girlfriend in charge of our assets which include a couple of trusts worth millions. The trusts are in my sister and my name. My father has cancer and is not thinking clearly "chemo brain". The girlfriend has an agenda to get as much as she can...we know this and have proof. My father will not relinquish control to my sister or myself but instead has her in charge of the checkbook. My aunt recently passed away, things were "suppose" to be left to us, however, the girlfriend has had 1st dibs on my aunt's posessions. My father is functioning, not bed ridden, but I feel he is not thinking clearly due to the drugs he has been on over the past 3 years for his treatment.
We feel our father is not thinking clearly. He's desparate not to be alone and will do anything for her, not to be alone. We believe she is aware of this and is "working him". Do we need a lawyer to deal with her? We don't want to hurt our father, however, we feel we'll lose and she will take US to court upon his death.
Please advise!

 

[seniorjudge]

Get a lawyer yesterday and file for guardianship/conservatorship over your father.

 

[BelizeBreeze]

I guess you don't get it do you?

YOUR assets? Sorry, but even in trust they are HIS assets. You are simply a beneficiary of the trust. And a trust can be voided.

So, when you get the attorney to have you father found incompetent, remember that. Because it's the ONLY way that you're going to wrestle control over HIS assets, to have him found to be incompetent.

Nice kids you are

 

[sailorgirl888]

question re: conservatorship/guardianship

How can this work? Does my father have to agree? Do we have to prove anything to the court? He's not incompetent, just afraid of being alone. How long would it take to do?

 

[BelizeBreeze]

How can this work? Does my father have to agree? Do we have to prove anything to the court? He's not incompetent, just afraid of being alone. How long would it take to do?

If, as you say, he is competent, then he can take everything he owns, controls or otherwise has in the mattress and throw it off the Hudson River Bridge and there's not a thing you can do.

A conservator/guardianship is ONLY appointed upon a finding of incompetence.

The only thing you can do, as beneficiary of the trust, is to contact the trust administrator for a copy of the trust paperwork and keep an eye on the girlfriend. Otherwise, have a sitdown with pops and ask that he wakeup and turn control of his affairs to his attorney.

 

[sailorgirl888]

Incompetence

Legally, what is incompetence?

 

[seniorjudge]

Very generally, the Missouri definition (which follows the majority rule):

RSMo 475.010. When used in this chapter, unless otherwise apparent from the context, the following terms mean:

...

(4) "Disabled" or "disabled person", one who is:

(a) Unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage his financial resources, or

(b) The term "disabled" or "disabled person", as used in this chapter includes the terms "partially disabled" or "partially disabled person" unless otherwise specified or apparent from the context;

...

(9) "Incapacitated person", one who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur. The term "incapacitated person" as used in this chapter includes the term "partially incapacitated person" unless otherwise specified or apparent from the context;
...