What can I do if my son is incompetent to handle inherited money? 19 Answers as of February 03, 2014

My 25 year old son is an extreme alcoholic, he lives at home with me. We lost his father 5 years ago, then we lost his Grandpa less than a year ago. Grandpa left a lot of money to my son and my daughter. My son has no job, he eats sleeps alcohol. Loans money out to all his friends, buys all the food and alcohol for his friends and their party's etc. He has spent $50,000.00 since July of 2013 and has nothing to show for it. I am very concerned, as he also has mental and health issues, depression, very angry, mentally abusive, extreme psoriasis, constantly gets staff infections, high blood pressure, eyes getting a yellow tint, refuses to go to rehab or see a doctor. Grandpa not realizing has basically enabled my Son to possibly drink himself to death. Is there a way to declare him incompetent of handling this money, being that he spends it all on alcohol and his thinking is so distorted?

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Seek the assistance of probate counsel to file a petition for conservatorship of his person and estate to obtain control and protect him from himself.
Answer Applies to: California
Replied: 2/3/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
You would need to petition for guardianship.
Answer Applies to: Oregon
Replied: 2/3/2014
Law Office of Pamela Braynon | Pamela Y. Braynon
With evidence from doctors that can say that your son is unable to handle the money, you may be able to gain guardianship over your son. If you can prove the mental issues are debilitating and your son is in danger of harming himself, there is a slight chance that you can become guardian of your son. But from what you have said in this piece it doesn't look good. The court may see just as a person making bad choices and he?ll just have to live with the consequences of his behavior. But since he won't see a doctor, it doesn't seem likely that will happen.
Answer Applies to: Florida
Replied: 2/3/2014
Christine Sabio Socrates Attorney at Law | Christine Socrates
You would need to file for a guardianship of for your son, of both his person and estate in the Probate Court where he resides. If you believe that this is an urgent and life threatening matter, you can apply for an emergency guardianship.
Answer Applies to: Ohio
Replied: 1/31/2014
Strickland Law, PLLC
Strickland Law, PLLC | Jeffrey S. Strickland
You can seek a conservatorship of his finances, but be prepared for a battle. You will be responsible for the costs and your attorney's fees, but can ask the court to reimburse you if the conservatorship is granted.
Answer Applies to: Tennessee
Replied: 1/31/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    You may be able to put your son's inheritance in a spendthrift trust if the estate isn't settled yet. You can also petition the local probate court to determine that your son is no longer competent to handle his own finances and to name a conservator to handle his money.
    Answer Applies to: Nebraska
    Replied: 1/31/2014
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    You should take immediate action to establish a guardianship and conservatorship of your son, and be appointed to serve as his guardian and conservator. This is not an easy process when it involves a young person, who thinks he is just fine, doing what he is doing. Please take action at once, and retain an experienced probate attorney who has worked on these cases, you will be reimbursed by the court for the costs and fees you incur to bring this action to protect your son.
    Answer Applies to: Arizona
    Replied: 1/31/2014
    Durham Jones & Pinegar | Erven Nelson
    You need to get a guardian appointed for your son immediately to handle his physical, medical and financial issues. You will need an opinion of a doctor that your son is not competent to handle his own affairs, unless your son would consent. Let me know if you need a referral.
    Answer Applies to: Nevada
    Replied: 1/31/2014
    Gates' Law, PLLC | Thomas E. Gates
    You can look into the court to appoint a guardian to handle his financial affairs. It's to bad a Trust was not created while Grandpa was alive.
    Answer Applies to: Washington
    Replied: 1/31/2014
    Danville Law Group | Scott Jordan
    Yes, you can try to obtain conservatorship over your son due to his mental and health issues. You need to consult with a local probate litigation attorney for assistance.
    Answer Applies to: California
    Replied: 1/29/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Maybe yes, maybe no. In Nevada, if his issues are as a result of alcohol or drug use, no. If they are as a result of a mental issue that can be proven in court, then yes. I urge you speak with a guardianship attorney where your son lives. Best of luck to you.
    Answer Applies to: Nevada
    Replied: 1/30/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    You should petition the court to have yourself appointed as conservator. You'll need a lawyer who specializes; fees would be paid from son's money.
    Answer Applies to: California
    Replied: 1/30/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    You may consider a conservatorship. However, your son may object and if he presents well enough, may oppose the establishment of any conservatorship.
    Answer Applies to: California
    Replied: 1/30/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You need to file a petition to be his guardian and conservator. Find an attorney who handles that type of law immediately.
    Answer Applies to: Idaho
    Replied: 1/30/2014
    Frederick & Frederick PLC | James P Frederick
    I assume that the funds were all left directly to your son and not set up in a trust? If that is the case, then going to court is probably your only alternative. You need to be appointed your son's guardian and conservator. This can only be done through the probate court. If your son objects, then you will need to get the judge to order an independent medical review to determine whether your son is incapacitated, and the extent to which he is. There is no law which provides protection to adults who simply make bad choices. There is no inherent help for alcoholics or (other) drug addicts. So it is not a sure thing that the court will appoint you. If a doctor finds that your son is a danger to himself or others, then you may be able to get appointment. There are other issues, here, as well. In a sense, by allowing your son to live with you, you are enabling him to continue to use, and you are preventing him from realizing the full expense of his illnesses. In order for him to get better, you may actually need to force him to leave, as hard as that may be. Given where things are at, you are not in a position to determine what is best, right now. For that reason, it is VERY important that you get help, for YOU. I would strongly encourage you to attend Alanon meetings. That may give you the strength, courage and wisdom to take whatever steps are necessary. I lived with an alcoholic for many years, and I know how extremely difficult this can be, and the toll that it takes on YOU. Your getting help for you may be the only thing that you can do, but it may also be the most important thing you can do for you, and for your son. I wish you the very best of luck and I will keep you in my prayers.
    Answer Applies to: Michigan
    Replied: 1/30/2014
    Estrada Law P.C. | Michele Ungvarsky
    Yes you can check with adult protective services (regarding his friends getting him to pay for their parties = financial abuse) and talk to them about a guardianship for your son. If they can't help I bet they would have alternative resources who could help you deal with this issue.
    Answer Applies to: New Mexico
    Replied: 1/30/2014
    James Law Group
    James Law Group | Christine James
    Hire an attorney and file for conservatorship.
    Answer Applies to: California
    Replied: 1/30/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    You can start a guardianship proceeding. This will require doctors evaluations and can be contested by him. As an interested person you can file the action to begin the process for appointment of a guardian.
    Answer Applies to: Illinois
    Replied: 1/30/2014
    Attorney At Law | James G. Maguire
    You could have a court declare your son to be incapable of managing his finances, and place someone in charge of his money as his legal guardian.
    Answer Applies to: Louisiana
    Replied: 1/29/2014
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