how is it that my dads ex common law wife can have control over his pensions and other monies when i am his bi

Question

my mom and dad never divorced, they were seperated in i believe 1969. my main question is as follows how is it that my dads ex common law wife can canrol his monies like pensions and what ever when i'm biologically his daughter,my dad is in a home of some sort and all she gives him is 100.00 dollars a week,my dad i'm told has the beginnings of alzimers (spelt wrong) so i can't see how he can make a desion as to her looking after his money

i'm his bio-lgical daughter to his first legally married wife

Answer 1

good question, have u talked to legal aid, a lawyer or someone like this?

Answer 2

Although I don't know the answer, I can tell you where to look for the answer (philosophically).

Your father has (had) the right to designate anyone he wishes to manage his funds. He may or may not have give a power of attorney to the common law wife in the form of a Health Directive and Financial Power of Attorney. A father is not obligated to give these powers to a blood relative and he could even give it to his mailman if he trusted that person and they agreed to it. This is something where being a blood relative doesn't trump your father's wishes, "if" that is what he wished to do. If you father died, you're position in the matter may change, depending (again) on whether he left a will, etc.

The best and surest path to finding the answer to all this is to visit with your father and simply express your concern and ask him about it. He may have created the Health Directed POA because it was medically known that his health was in decline and he needed someone to assist him. It's not necessarily a bad thing that the common law wife take that responsibility, as long as she doesn't abuse it.

The Health Directive may have also been written up by an attorney, or though the hospital ombudsman.

There's much you don't know at the present time and you need to find out. But you shouldn't assume that you have an automatic position of authority over his funds, etc, because you are the daughter. It happens often that people give these authorities to non-family members.

I just don't have that answer and please don't take any of the above as offensive.

Answer 3

Spouse gets everything and controls everything unless they get divorsed. Even then, he has to remove her name from the pensions and wills. If that was never done, than she gets everything and you get nothing, unless you were listed as a beneficiary by name.

The law does not give you anything. If you were listed, but were a minor, she still gets everything, unless it is in a trust fund in your name. To get anything in this case, you will have to sue her. If she is smart though, she will hide the money and that is legal since it as legally hers

Answer 4

It appears that you want a piece of the pie. Do you know your father's wishes on this? How long since you have communicated with him? If it is worth pursuing, talk to an attorney.

Answer 5

Because women have lobby groups, not children. They say they speak for the children, but its garbage.

As for what you can do, I expect it depends on your jurisdiction. If your father is able to, could he give you power of attorney? Is he still in good enough shape to do that?

Answer 6

Right now your dad can do anything. If you believe he is no longer capable, you can ask the court to appoint a guardian. Now if he doesnt have that much money, you just have to learn to accept it

Answer 7

When your parents split you became illegitamate to him. That means you get NOTHING!!!!! Right there is what your life is worht, choke on it.

Answer 8

i lost u on the first line