FReeper Needs Geriatric Legal Advice (Vanity)

me ^ | 7/15/02 | me

[Xenalyte]

Texas Legal FReepers, I need your help.

In very brief: my grandfather's second wife (of around five years; they're in their early 90s) has more or less abandoned him. She misrepresented herself as quite well-off, and after they were married, come to find out she's not all that moneyed. That wouldn't be a problem, except she's bankrupted him.

My grandfather retired from Shell in 1976, and between his pension and his investments, he saved up a VERY nice nest egg for him and my grandmother. After she left us and he remarried, everyone thought they'd live inside their income just like he and my grandmother had always done.

Wrong. In five years, she's cleaned out his portfolio, spent his liquid cash, and managed to get him to sign over power of attorney for medical and money. Last we checked, he had a couple thousand left - this, for a man who retired so well and invested so wisely that he paid cash for his house and his most recent car.

Now he's pretty much incapacitated; the doctors are calling my mother and my uncle (who lives in Michigan) for permission to perform medical procedures on him, because she refuses to consent, or even to pay for what does get done.

So here's my question: although I as a granddaughter don't have legal standing, I understand Mom and my uncle do. From where I stand, we need to do two things, and want to do one more:

1. Immediately stop payments of his Social Security and pensions to their joint account.

2. Get Mom and/or my uncle guardianship of my grandfather so the bills get paid.

3. Try to recover damages from her - and that's a whopping sum.

[Xenalyte]

Ah, Texas family law . . . any advice is most appreciated!

(BTW, I am compelled to state that gaslighting is not a nice thing to do, although suggestions are always welcome. And entertaining.)

[Fred Mertz]

If your grandfather is a male, he's screwed.

[oldvike]

Sorry, don't have any advice for you. But I'll give this thread a good ol' bump anyway. Good luck.

[drlevy88]

Are you so broke you can't even afford to spend an hour with an attorney? Doing this will get you on a surer footing than any "well... that's how it works in MY state" speculation. As with anything, experience counts, and look for a rich lawyer (my suggested measurement for this: his or her bookcases aren't made of cheap sagging veneered particle board :-)

[hole_n_one]

If your grandfather is a male,......

Yet another reason as to why I cherish you.

[Semi Civil Servant]

I don't want to sound accusatory, but two questions: if you don't have legal standing, why are you getting involved in this? What do your mother and uncle want to do?

The laws do not protect elderly males from marrying gold diggers or otherwise making stupid decisions (unless they are incompetent). My own widowed grandfather was "befriended" by a couple who took his house, his antique furniture, and a good chunk of his money. When the property passed into their hands, his "dear friends" somehow didn't have time for him anymore. He passed away with a much diminished estate. What could my family do? Nothing.

Forgive you grandfather for his poor marriage decision, forget about "getting" the woman who cleaned him out (the money's probably gone anyway), and pray for justice in the next world. In this situation, your chances of getting justice in this world are slim. It's a bitter pill to swallow, but it's best for you in the long run. I speak from experience.

Your grandfather has had a long life and he had money for most of it. He's been comfortably retired for 26 years -- far beyond the norm. Be thankful for these things. A lot of people aren't so fortunate.

[He Rides A White Horse]

I'm certainly not a lawyer, nor do I play one on TV, but it seems that pop pop's only hope is to prove he isn't of sound mind, and wasn't of sound mind when he , and managed to get him to sign over power of attorney for medical and money. did things like these.

Just a wild guess at that.

[He Rides A White Horse]

Or..........morph into Barbarian Babe and slay the wicked witch.

[He Rides A White Horse]

(disclaimer) post 8 was a joke. Please do not take that option.

[holyscroller]

Same thing happened to my husband's cousin. Sweet young thing conned him after his wife died and took him for everything. His brother managed to "kidnap" him one day when she was gone, rushed him to a lawyer and drew up a new will in just a couple hours. Sweet young thing didn't know about that until he died a few weeks later, and boy was she surprised when she didn't get the house. Unfortunately she had already cleaned out all his cash and investments. At least his kids got a tiny portion of what he and their mother originally intended that they get.

[He Rides A White Horse]

But seriously, does he suffer from anything that might effect judgement, anything of that nature?

[Semi Civil Servant]

I didn't mean to come down as hard as that sounded. If he was incompetent as his #2 cleaned him out, you might have a shot. But proving that would be tough. I was trying to say that to fight an unwinnable legal battle isn't worth your mental and physical health.

[Jimmy Valentine]

Your position is correct that your family has to be made legal guardian of your grandfather. That may be a tough process, but if you are successful, you can then manage all of his affairs.

As to your grandfather's second wife.....rent "Kiss of Death" with Richard Widmark from your local video store, maybe that will help.

Regards,

[Xenalyte]

A belated thanks to all of you for your cogent, helpful advice.

Pop-Pop passed on last night. He's finally reunited with Sassy, my maternal grandmother and the only woman who ever made him happy. He is at peace, and I am sad.

[cmsgop]

I'm very sorry Xena, Prayers and Best Wishes to you and your Family.

[Semi Civil Servant]

I'm sorry for your loss. Hang in there. Cherish the good memories you have of your grandfather.