My disabled father is currently in a nursing home but wants to move in with my husband and me. He needs consta...Read more
We cannot answer all of these questions from afar, but in general if your father-in-law is competent, he can do what he wants with his money, just like you or any other adult. If he is not competent or is losing his capacity, there may be ways to get money back or to penalize the caregiver. But the cost of doing so through private means may well exceed the $3,000 lost so far. If there is an organization that provides protective services for the elderly in his community, the organization may be able to take this on at no charge. More important, we would recommend taking steps to prevent additional money from being lost. If your father-in-law is competent, this will depend on his being willing to share control of his financial assets through a durable power of attorney, trust, or joint account. If he is not competent, the family may need to seek court-appointed conservatorship over his finances. In either case, an Indiana elder law attorney can help with these steps and probably answer your questions. Again, the best thing to do is probably to take steps to prevent further loss. Here is a directory of attorneys in Indiana: http://www.elderlawanswers.com/indiana-elder-law-attorneys.
For information on guardianships, click here.
Local Elder Law Attorneys in Ashburn, VA
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Medicaid Rules, etc