Guy croaking in hospice
Woman out of nowhere starts influencing him
Can the family legally stop this woman?
Woman out of nowhere starts influencing him
Can the family legally stop this woman?
Legal standing with gold diggers?
- Thread starter Pablo
- Start date
4wd
$50 site donor 2026
Better ask a lawyer …
I've seen my own family get extra "helpful" at these times too. In each instance nothing was ever changed in the wills, but I don't know how susceptible they are. In all cases a health care proxy and power of attorney were set up and were different family members. Best consult a lawyer on this. A few buck spent on good advice is worth a lot.
My father turned his finances over to me 5 years, or whatever it was, before he passed on. But yeah, get legal advice before it's too late.
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- Dec 7, 2021
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MIL was under hospice care from Feb25 to Aug25. She got progressively more forgetful and often incoherent. Never diagnosed with Alzheimer’s. She was removed from life preserving drugs as part of the Hospice agreement. That, and pain medication took its toll on her thought processes . We had many videos from visits that would have proven to any court that she was unable to make decisions regarding her care or her finances.
I assume this woman is visiting her in a home and not in her private home. If so, tell the home manager that this woman is not permitted to visit her.
I assume this woman is visiting her in a home and not in her private home. If so, tell the home manager that this woman is not permitted to visit her.
Just asking in general. I don’t personally need a lawyer but another family might.
I was generally curious how state laws are about such things
I was wondering mainly thinking a invalid man being influenced by a younger woman attempting to win over his estate
I was generally curious how state laws are about such things
I was wondering mainly thinking a invalid man being influenced by a younger woman attempting to win over his estate
Restraining order. It's unlikely the gentleman doesn't have someone as his legal guardian
They need to talk to lawyer ASAP !!!!
Best case to look at is Anna Nicole Smith and how she married 89-year old J. Howard Marshall. Marshall's son wanted the money but was generally hated by "Dad" so the money got tied up in court. Eventually the son was found entitled to the money but he, too, was dead by that time, LOL. I guess the lawyers did ok.
IANAL, but in most cases, no the family cannot stop her. Not easily, anyway.
The the only way to take away someone’s legal capacity conclusively is guardianship. A power of attorney lets another person act on their behalf, but it doesn’t prevent a person from acting on their own behalf— even if those actions are under influence.
Capacity also exists in different senses. There’s “contractual capacity” which is the legal ability to know and execute lawful contracts, then there is “testamentary capacity” which is the ability to change your will.
The former is much easier to prove incapacity because it’s a much higher bar to meet. The latter is such an incredibly low bar that it’s almost impossible to disprove.
A disabled person can have their will changed the day before they day—under influence—and have that new will withstand legal scrutiny. It’s VERY hard to fight that.
But contractual capacity is a battle you can sometimes win.
We’re in the middle of that right now with my MIL and someone abusing her and coercing her and claiming she executed new POAs while three years into Alzheimer’s. She doesn’t even remember her own children and someone is claiming that MIL really truly had full legal capacity to execute new POAs and truly wanted to do so.
State laws govern this, so any general comments I make here are based only on my own experience in some midwestern states that may not apply to other states.
I have worked with an estate planning attorney for a couple different people. If this person was not competent and gave the new woman his money, the will would stand UNLESS it was challenged. Challenged means lawyers, court, etc. think $$. If he was not competent, that would be fairly easy to prove, but expensive.
Sounds like a situation where a Godfather is needed.
My grandmother passed back in 2011. Her doctor said to not be concerned with what he put on the death certificate because he knew the trust was done years prior. He put dementia on there and said that if anyone tried to say they were promised anything before she died, that would pretty much negate it in court.
The title gave me pause. I thought it was about gold mining stocks. I have some Newmont.
Sounds like easy to claim of 'non compos mentis'.
Sounds like easy to claim of 'non compos mentis'.
As stated previously….the family should consult a Family/Elder Law attorney. This happens all the time.
Check chatgpt with as much detail, including State, as possible.
Respectfully I disagree - its a horrible example.
He Married ANS (who for sure was a gold digger) but he was certainly of sound mind. He knew what he was doing - it was his money so.
The son that sued (and lost) was written out of his will because of dispute over Koch industries - long before ANS.
In the end I think his other son got everything - which is what he had written into the will I believe.
I thought it was about someone panning for gold at Pablo's hacienda.
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