Our "Legal Eagle" weighs in...

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Richard writes:

"My Dad had a stroke about two months ago and he has no short time memory. He is able to do what has to be done to live. But he owns cattle and they need to be sold. Is there anyway his wife can get anything on paper that will let here to do this or is she able to do that now. I worry about it because I have two greedy sisters, one of them takes care of cattle. I think they [might] take advantage of dad's problem and sell them for their own profit. Whatever you can tell me would be great."

WHO Radio's own George Davison is an attorney and he has this general advice for our
listeners in a similar situation:


  • A conservatorship can be established to take care of the assets of the individual.


  • The individual could grant a power of attorney to someone he trusts to act for him.


  • A trust could be created by the individual to own and to manage his assets. The trustee would be a person named by the individual.


  • This is a situation in which both husband and wife need to
    consult with an attorney to prepare the appropriate plan to deal with the situation in which the husband becomes incapacitated.


  • It is very important that all of the facts of the situation be
    discussed with the attorney and that options and alternatives be weighed.


  • This is a situation which can be ripe with complications,
    unintended consequences, and conflicts. This situation emphasizes the need for planning and addressing problems and situations that can arise.


  • At this point, Richard needs to be very careful about his role
    and involvement. There is a potential allegation, if he arranges for the mother and father to see the lawyer, and especially if he accompanies the mother and father to the lawyer and participates in the conference, that he unduly influenced his father's actions.


  • Again, facts are very important to the decisions which need to
    be made and the potential solutions. This is why an in-person conference with a lawyer of mother and father's selection is critical. The selection of the lawyer must be made by mother and father to meet their needs and their situation.


  • The observations that I have made are based upon the
    information that I have and are an attempt to provide basic information.
    The solution to this family's issue must be addressed only after all of the facts have been ascertained and options, based upon those facts, analyzed.



George F. Davison, Jr.,
Board Certified Civil Trial Advocate by the National Board of Trial Advocacy

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