Follow
Share

For decades, my parents-in-law had a carefully planned estate, with 50% going to each of their two children or their heirs (my sister-in-law died and has two children). Since my mother-in-law died in 2020, my husband's aunt, who never had a lot of interaction with the family and lives several states away, has nudged her way into her brother's favor with compliments and claims of needing money. Our way of mitigating the problem was to have my father-in-law, who is not wealthy and has maxed out his long-term-care insurance benefits, limit his gifts to his sister to $1000 a month. This was supposed to be all she receives, but she constantly calls him with new "emergencies" and has now been given more than $130K in the last 6 years.
Not only is his primary investment account depleting by the month, but the estate plan he and his wife made while they were in their 70s was essentially shelved after her death, when his sister entered the picture.
We visit him several times a week, take him to dinner/shopping/concerts, and have devoted our lives to him since his move to assisted living in 2019. My husband is sad that his father has lost so much control of his physical and mental abilities, and although he has POA, he doesn't want to seek guardianship because it would be very upsetting to his father.
It has been infuriating to see my husband's aunt take advantage of my father-in-law and squeeze money out of him that was intended for his use during his life and for his children/grandchildren after his death. Tonight, we found out that the aunt is planning to visit him in the next week or two (for the first time in years), no doubt to try to get another large handout since the extra checks have dried up. Does anyone have experience with grifting relatives, and if so, how have you handled them?

Time to use the POA and stop the financial abuse, no explanation or apology needed
Helpful Answer (0)
Reply to Daughterof1930
Report

Under his father's POA, it is your husband's not just right but responsibility to safeguard his father's finances. Geaton has great step by step advice. The key factor is that your FIL cannot give any additional money to ANYONE as the depletion on his funds puts him at risk of needing Medicaid in the future and he can't risk the five-year look-back showing ANY gifting.

Also, read the POA document -- it probably enables your husband to prohibit the aunt from visiting his father, or requiring the he be present with them during any visit. Talk to the Assisted Living manager. She or he can send an alert to the staff letting them know of this prohibition.
Helpful Answer (0)
Reply to MG8522
Report

I agree that the PoA needs to not allow his Dad's unreasonable sensitivity to stop him from protecting his finances. If your husband allows this grifter to drain his Dad, a whole new level of stress will happen when trying to get him care with no money and not qualifying for Medicaid since he "gifted" money to a grifter.

The PoA goes to the bank first thing in the morning with the Dad and the PoA paperwork and adds his name to the Dad's accounts. Then informs the banker of the grifting relative. The PoA moves funds out of the checking account (and into a savings) and keeps only the bare minimum of cash in that account to pay bills.

While someone distracts your FIL, someone goes around and takes possession of his checkbooks so he physically cannot write out any checks. Reduce credit cards to only one. Hide his debit/ATM card. Then, a freeze is put on his credit, just for good measure. All other sensitive financial information should be kept in a fireproof safe.

Then, the PoA (your husband) calls Auntie Grifter to inform her that financial gifts of any kind or amount can no longer be made to her or any family member as the elder law attorney has informed him that the ongoing gifting will disqualify him from Medicaid, which he will need once he runs out of money.

"How to thwart a grifting relative?"

Your husband stiffens his spine and acts as the PoA, regardless of who doesn't like it.
Helpful Answer (2)
Reply to Geaton777
Report

To my understanding, if your husband has durable POA for his father, it was active when he signed and your husband can activate his POA whenever he feels his father is not making sound decisions or is compromised sufficiently mentally or physically. He does not need guardianship, that’s a separate process for someone who has no POA or any family / friend willing to assist. Perhaps husband should lock down the bank accounts by activating his POA at the financial institutions so father can no longer give his funds away. Husband would be responsible for all financial transactions and documentation. Your husband should seek competent legal counsel from an estate attorney, father’s attorney who set up the POA or elder law attorney asap.
Helpful Answer (5)
Reply to Beethoven13
Report
lealonnie1 5 hours ago
This. 100%
(1)
Report
Ask a Question
Subscribe to
Our Newsletter