Question

Think about and analyze this difficult situation using legal concepts : an elderly man around 80 years old is a widower. he had a very successful career as a stock broker and made a decent living for his family. he didn't retire from working until about 4 years ago. since then, he has had some health issues and vision problems as well as some forgetfulness that may or not be increasing. he still drives and takes himself wherever he wants to go, including restaurants, bars, casinos and his county club for daily poker games. two years ago he met a woman who is about 45 years old. she started to spend time with the man and they two of them go out together very often, spend time together, and the man spends a great deal of money on her - gifts, dinners, trips, etc. recently, the daughter of the man noticed that he is spending enormous amounts of money each week and going through his savings much too quickly. he makes daily withdrawals from his bank account and makes big purchases. the daughter is worried and is trying to reduce his spending. the daughter suspects the woman is taking advantage of her father and wants to see what remedies are available to get back some of the money he spent.

Answer 1

Answer:

In order for the daughter to have any recourse against her father spending her inheritance, she must file a motion in court to have her father adjudicated incompetent.   Adjudicated Incompetence requires the daughter to prove that the father does not have the ability or fitness to manage his affairs due to a mental condition determined in a court proceeding.

Explanation:

The standard for Incompetence is extremely high.  There are not enough facts given to provide a clear answer as to whether the daughter would be successful in such a proceeding.  First, as we get older, people have a degree of forgetfulness.   This does not necessarily equate to mental incompetence.   Second, there are many facts presented that indicate the father is mentally capable.   Such factors include participation in community events on a daily basis and driving to places he desires.   The fact that he may have physical health issues (this is only implied in the question due to the later description of memory loss) is of no importance since Incompetence focusing on the mental condition of the father.  

There is no law requiring the father to refrain from dating a woman half his age nor is there a law requiring the father to live in a manner that maximizes the daughter's inheritance.