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He has money, but no children. His lawyer is making a Dr appt with a doctor of the lawyers choice and won’t allow family input. She has a history of marrying men in ill condition and changing wills to cut out family. He was only married a year. They are manipulating a vulnerable adult. Help!

I don't fully understand this.
You say that he has money, but no children.


Secondly you call her a girlfriend.
Then you say "was only married a year".
Was she a girlfriend or a wife? If a wife, did they divorce?

What is the position of the brother with Lewy's?
My own brother had early Lewy's and would have been able to make a competent decision on who he could live with, but in your case your brother already has a guardian-brother.

Any fight in court will be expensive and any judge may simply remove guardianship from all involved and place it in the hands of the state.
Also, the estate pays for this fight in court; the brother as POA is covered for this. And he should stipulate in court that the loser pays court costs.
But if the brother who is suffering from Lewy's has a competent voice in court this may go to the "girlfriend-wife", especially if there is no divorce.

Again, much in this post makes little sense. If her motive is financial and she was long divorced I don't see how she will win. But she CAN try.
Is the guardian-brother currently receiving payment for being a caregiver? Or does he intend to do so? Is your ill brother currently in in-facility care?

More information would help, and welcome to the Forum, Kab.
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ZippyZee May 31, 2024
She said he has money but no children. Seems like she has plans for that money.

Nefarious plans, presumably.
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If brother has guardianship its going to be hard to override that decision in court. She is going to need to prove why she is a better selection over a sibling. Are they divorced? I think what guardian brother needs to do is secure his brothers finances where she would not be able to touch them. That money will be needed for his care.
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If she is after his money and he has dementia he is not likely be able to change his will.
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If you think she is an inappropriate guardian then take your case to be reviewed by an elder law attorney and fight for him in court. You will have to pay for it. But then, are you willing to be his guardian? Or have the judge appoint a 3rd-party guardian? How do you know this woman "has a history of marrying men in ill condition and changing wills to cut out family"? Heresay and gossip is not evidence, so if you have something more substantial than this, take it to an attorney.
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JoAnn29 Jun 1, 2024
Brother already has guardianship.
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OP's update from a response below:

"Sorry it’s confusing. My brother never married this girlfriend . She also has dementia. Both are 82. Her son is the one pushing this. He called lawyer and said “it’s not about money- I’m. Millionaire!” That raises a red flag for someone to bring up the money issue on his own. My brothers health is rapidly declining due to advanced Lewy body dementia and he lives in assisted living. He can no longer walk without assistance and definitely shows advancement of his dementia. He’s like a “ puppet” "

Sorry, it's still confusing. You think his demented girlfriend's brother is trying to get guardianship of your brother? Or the GF is? If your brother has LBD no trustworthy attorney will allow him to ammend or create a new Will, but it can be done by downloading online form -- still has to be signed and witnessed by 2 non-family members as it gets notarized. Also, pursuing guardianship is very expensive. Are you sure you are telling us all the necessary details of this story?

What do you consider a solution? What kind of help do you want? Why don't you pursue guardianship or contest it in court. Then the judge may appoint a non-family 3rd party guardian. I can't imagine any of this gets far in court unless you're leaving out important details.
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Once Guardianship has been granted by the Court I would think it would take evidence that the current Guardian is not doing what they are supposed to do, not making decisions in the best interest of the Ward and possibly committing elder financial abuse. (or physical abuse)
If brother is doing everything as he should I do not think a non related person would gain Guardianship.
Brother should be in close, honest contact with the Attorney that he had worked with to gain Guardianship.
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