What do you do when you find out an aged parent or other relative has been giving away large sums of money to an unrelated caregiver or someone else?
In a post on elderlawanswers.com, someone said his 82-year-old father-in-law had given $3,000 to a caregiver so she could by herself a car. He had also bought her some clothes.
The writer asked whether there are laws against caregivers accepting large gifts. The caregiver had been hired by an agency. He wanted to know if the agency should have a policy against employees accepting such gifts.
The columnist answered that if the father-in-law is competent, he can do what he wants with his money. If he is not competent, he said, there may be ways to get the money back. But it might cost more than $3,000 to do so.
The column also suggested that there may be a protective services organization that could take on the fight at no charge.
But it was recommended that steps be taken so this does not happen again. For example, if the father-in-law is competent, he might be willing to share control of his assets through a durable power of attorney, trust or joint account. If not competent, the family might need to seek court-appointed conservatorship over his finances.
The column suggested seeking the help of an elder law attorney if such issues arise.
If you have questions about elder law, feel free to call us for a consultation at (626) 696-3145.
