When should my husband relinquish the checkbook?

Joan asked...

How do I know when my husband should relinquish the checkbook?  He controls all the finances but is not making good decisions and I cannot let him write checks anymore.

Expert Answer

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio. His latest book is The Truth About Avoiding Scams.

The right time to step in and take away a person's ability to handle their own financial affairs is a very difficult thing to determine.

If you wait too long, there is the risk that tremendous financial damage may be done to your finances and investments. If you act too soon, you run the risk of hurting the feelings of your husband.

You should look for telltale signs that his memory or mental acuity is not what it should be. Does he make mathematical errors? Does he fail to include checks in the check register? Does he fail to reconcile the monthly statements? Do financial matters seem to confuse him? If any of these things are present, you should carefully discuss this with him with as much tact and empathy as you can.

If you conclude that there is a problem, you should see if he would be willing to let you control the checkbook. If he resists, you should then contact his physician because in order to have a court order through a guardianship or conservatorship to emower you to control his finances, you will need to prove that he is not of sufficient mind to be able to attend to these matters.