Beware of 60-Year-Old Hussies!

Hi Scott,

My mum passed away two years ago, and it seems like my 80-year-old dad is being swooped on by several single women 20 years his junior. He lives alone in a lakeside community several hours away from us (my two brothers and me). We are concerned that he will be swindled out of his house and savings, so we have suggested he get his will and power of attorney (POA) sorted. We honestly cannot see what these women see in him, but his ego might tarnish his ability to protect his assets from clever predators. Do you have any family asset protection strategies that we should be aware of?

Dan

Hi Dan,

If you were my son, I’d give you a clip around the ears: “We honestly can’t see what these women see in him.”

Way to cut down your old man!

Then again, if you are dealing with the power of 60-year-old ‘predators’ (your words, not mine!), you’ll have your work cut out for you.

That being the case, I don’t feel qualified to answer this question, so I’ve called up my lawyer, Brett Davies. Here’s what he had to say:

“If your father is of ‘sound mind’, he is free to deal with his assets as he sees fit.“If it is clear he is of ‘unsound mind’, then you are free to use a POA. In fact, in most states you are duty-bound to do so, to protect the person who gave it to you. But the POA is only to help your father — you cannot use it solely to protect your inheritance.

“If he is of unsound mind, you can act against his direction, as he would lack mental capacity. For example, you could have bank accounts moved out of his control. But be careful — if you are wrong (i.e. your father is of sound mind) then you have broken the law. When in doubt, it may be prudent to go down the path of an administration order, which is when a court decides mental capacity, not you.”

Barefoot translation: by all means let your old man enjoy himself, just make sure he protects his nuts. 

Scott