Currently taking care of my 87 yo father in law who is smitten with 75 yo lady who along with her now deceased husband have a history of preying on elder people who have $ or properties and are on or near death.
Since my FIL is having difficulties with his thinking we can’t convince him she is not gonna be good for him. Everything we have learned is that we cannot do anything unless he is found incompetent to make decisions that directly affect his care or lack there of. Seems he is free to just continue to make bad choices in this lady’s favor and that unless a crime is committed there isn’t anything we can do. We both quit or jobs and closed a business to take care of him and are facing financial hardships because of this. His will is made out and we knew it was the right thing to do and eventually would be reimbursed. But now it looks like this lady can just move right in and take everything. Wondering if there is any case out there and what you did to get rid of such a person?
Thanks
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I have written this approach out as a script for a meeting with FIL, and I think it is self-explanatory. See what you think:
Dad, we need to have a very difficult conversation. Please let us explain, and see if we can work out a solution with you. You probably know that we more or less broke ourselves to come and look after you. We wanted to do it, but we didn’t realise just how vulnerable we had made our own financial position. We certainly didn’t do all this because of any inheritance from you, that wasn’t the point at all, but we did expect that eventually you would leave us enough to make up for the way we affected our own finances by quitting work and closing the business.
We have been really worried by the rumours we have heard about X and a history of moving in on people at the end of their lives and ending up with things working in their favour financially. We don’t know if this is all true, and to some extent it doesn’t matter. It does happen, and it could happen with someone else anyway – we have heard some really frightening stories. We would be happy if you found someone whose company you enjoyed, but we are worried about the financial side of things from our own point of view. We are too old ourselves to start again to build up our own finances for our own retirement. We didn’t realise how vulnerable we had made ourselves. Now we are getting told that we should have done all sorts of things to make sure that we were protected – set up a family trust or whatever – but it never occurred to us that it would be necessary.
Can we talk about how we can solve this? We know that you have needed us, and that you wouldn’t want to hurt us, but we need to feel more secure that we feel at the moment. What can we do? Have you got any ideas? …..Could we visit your lawyer again, the one who prepared your will, and see if there is any way that this can be sorted out?
PS the irrevocable family trust is a good idea
But you and your husband do have control over your own decisions. If your FIL will not give you the authorities you need to support the responsibilities you have been willing to take on towards him, you can reverse the decision you made to quit your jobs and close down your business. I should do that.
The thing is. You made the decisions you made based on an understanding that you would be compensated for the care you gave him. But an understanding isn't even a verbal contract, and famously a verbal contract is not worth the paper it's not written on.
Give your FIL a further opportunity to sort out this mess and reach a firm agreement with you about how you are to be reimbursed, and what authority he will give you to safeguard his financial wellbeing. If he won't take it, if he chooses differently, accept it and get back to your own lives.
If I may say so delicately, and this may be especially difficult for your husband, it may be that this lady's flattery and attention are worth every penny from your FIL's point of view. I'm sure I wouldn't like it either, if it were my loved one, but isn't that up to him?
As for the lady herself, the alleged villainess of the piece, do you have any direct contact with her at all?
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Unless you can get somewhere with a civil case or a criminal case for fraud, the law or any other agency isn’t going to fix your problem. Your only option is to make it ‘nice’ for your father. You can say (and it’s true) that if he won’t make your financial situation a bit safer for you, you will probably have to quit care and get back to earning money for your own retirement. Perhaps that will help. This is about money risks, not whether you disapprove of his new girlfriend.
These folks will have seen EVERYTHING possible and will probably be able to tell you how other caregivers in your area have dealt with a predatory person.
Then, stay as warm and friendly as possible with the the predator and your dad so you can collect evidence and make it obvious you are collecting evidence of the predatory behavior and accidentally leave the law center business card out.
I was so glad to make the acquaintance of the staff at our relevant elder law center, the people were cut and dry and extremely effective. Ours is not politically correct and openly worked to help us fix a bad situation. They laid out several different legal options, one of which involved Family Court, which would not be public record if pursued so no names in the newspaper. That option was used as enough of a threat to stop the predatory situation before it turned out of control.
A successful predator knows when they prey is too powerful to deal with and slinks away to find another victim.
She had to help him make these changes as he could not read nor write and could not have contacted the attorney or the insurance people on his own.
A lesson learned.
I sort of agree with MargaretMcKen, there is probably nothing you can do if he is enamored with her. She could even be having sex with him.
You are in a hard situation and my heart goes out to you. Sometimes people can be such fools. As the saying goes, "No fool like an old fool".
Thanks for your response
You best be cautious with APS.
They may end up investigating you for possible financial exploitation.
Don't forget this 75 year old is an elder too. Your behavior may be deemed elder abuse or harrassment.
If she took him to a certified neurologist and he was deemed competent, you could open a can of worms.
You say she did this before? Well was she actually CONVICTED of this or is it simply local rumors from disgruntled family members.
Even if she was convicted of such an event before, unless your FIL is deemed incompetent by a court of law, there is nothing you can do.
If you can tie his money up in assisted living, then this lady will not be able to get that money.
Of course, he will have to agree to spend the money on assisted living, first.