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Originally Posted by Svage
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also, i believe if he racks up debt and dies you're not responsible for the debt. what would most likely happen is the debt collectors would be first in line and would try to recoup what they're owed by taking his estate, or whatever is left of it. And then you guys would be next to get what's left if there is anything left or owed to you.
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All before funeral services are paid of course. Then if they take everything the children have to pay for the funeral fees.
as for the conservatorship they are hard to get and you will need a good lawyer and probably several doctors to agree assuming of course he fights it. I can't imagine he wouldn't. I'm not an expert by any means but I know someone who tried to do this with her mother and one sibling helped fight it and that took a lot credibility from the one trying to make it happen. Especially if I remember right one sibling testified not against the conservatorship but in doubt of it. In the end the siblings agreed to keep a very close eye on the mother and it came out okay in the end. The mom in this case was no Father Malley of course so there is that...
Naturally the judge makes the biggest difference. Come to think of it - if you could tell your dad that the Judge is a Mormon or Jehovah's witness or maybe you could tell him the Judge doesn't believe Daniel was all that! Then your dad will bore or irritate the judge into agreement!
Jokes aside I hope it all works out with as little additional pain to you, your Mom and siblings as possible.