Question
My father-in-law routinely falls for online and phone scams. He always thinks that the person on the other end is telling the truth. we finally convinced him to stop giving out his bank account number but he gives out his debit card and credit card information to any one who calls or pops up on his computer. He has fallen for sweepstakes, lotto, vacation, mortgage, magazine, travel club and any other scam you can think of. we need to do something before he ends up in jail because he's bounced checks or he gets in over his head. we already have access to monitor his bank accounts. when unusual charges appear, they are questioned. he always says he has no clue how the questioned charge got there or gets upset that we're spying on him.
— Mary in North Texas
Answer
Dani in Alexandria, VA answered:
I am a social work student, and I posed this question to one of my professors. His answer: There is a great difference between conservatorship and guardianship, and the regulations for obtaining either vary greatly by state and local jurisdiction. In either case, lack of competency to make informed decisions (legally defined) is necessary, and a court hearing is required (almost always uncomfortable for all parties and expensive). Better first approach is to try to get a durable power of attorney, then have 1-2 physicians confirm lack of competence to allow for activation the DPOA. Step-family relationship should be no problem unless full family conflict exists. Good luck.
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