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Dad's losing his marbles.

PostPosted: Tue Dec 28, 2010 5:55 am
by Plumas
Need some advice.

My father and I have co-owned a claim for several years. Now in his mid 80's Dad seems to be losing it. Last year as always, I mailed him a copy of the maintenance fee waver certification form for his signature. Even stuck one of those plastic "sign here" stickers where he needed to sign the form right under my signature.

Well, he signed it all right... in five different places... One of them was directly above my signature! Sadly it seems my father is no longer competent enough to complete his share of the paperwork requirements. I called him up to talk about it and he became really defensive and I was quickly sorry that I'd called. The writing is on the wall. Before long he will be unable to hold up his end.

The claim was filed on his birthday and I know he'd be deeply offended if I asked him to sign a quit claim deed and transfer his interest in the claim over to me. So I'm left wondering what I should do.

What do people do when a partner becomes so incompetent they can no longer complete their share of the annual paperwork filing?

Plumas

Re: Dad's losing his marbles.

PostPosted: Tue Dec 28, 2010 6:48 am
by Geo-George
If you can get power of attorney, he can stay on the claim but you can sign for him.

Re: Dad's losing his marbles.

PostPosted: Tue Dec 28, 2010 6:53 am
by Hoser John
BAD situation as pride always goes last. He can assign you the right to sign and the BLM manual does have codified language to address this nasty problem as incompetance in us ol' miners is a problem. Just wait for a lucid moment and strike whilst the irons hot with paperwork in hand and waiting for the right moment. Show him the mistakes then and get it done.Living trusts and power of attorneys are another great example of avenues and a new one has arisen called a TOTEN TRUST that I'm trying to study now too... Your a good son to have so much reguard for your pops--respect-John

Re: Dad's losing his marbles.

PostPosted: Tue Dec 28, 2010 10:17 am
by CalGoldDredger
I feel for you, plumas. I go through that all the time now with my dad too. It must be real tough to get old and even tougher for those around them to watch.

Re: Dad's losing his marbles.

PostPosted: Fri Dec 31, 2010 10:15 am
by CGC Miner
Tough situation, sounds like it would be best to keep your dad happy and on the claim. You could print out a form explaining how the power of attorney works. He will still be a valid claimant and have equal rights and share to the claim. Basically you will be signing for him and all other claimants to avoid having to send the paperwork every time wasting 2+ weeks and possibly loosing the paper work. Logistically it makes sense.
If I were you I would use the term "designated agent". This is easy to do but you will have to get the document and your signatures notarized. Try to do it at a familiar place like his bank.
Best of luck and Happy New Year!
CGC

Re: Dad's losing his marbles.

PostPosted: Thu Jan 06, 2011 12:50 pm
by russau
Heck it aint nothing to get shookup about! i lost my marbels years ago!

Re: Dad's losing his marbles.

PostPosted: Thu Jan 06, 2011 2:17 pm
by Leonard
I'll attest to that! I'm right behind him though. Thats the bad part.
Leonard

Re: Dad's losing his marbles.

PostPosted: Fri Jan 07, 2011 3:46 pm
by fatbob
I know how you feel my dad ended up stuck on the rr tracts with a train coming he was lucky they had just enough room to stop, 3am stuck on the tracks in his car a couple of hours away from his house.........tough to tell someone thier brain aint working no more, wish you luck on that deal plumas......Rob.

Re: Dad's losing his marbles.

PostPosted: Thu Feb 17, 2011 10:32 am
by Nitro 54
I had to go the Power of Attorney route with my own Dad.. Good luck

Re: Dad's losing his marbles.

PostPosted: Fri Feb 18, 2011 7:53 am
by Hoser John
:evil: In kalif ,the land of insanity,there is a new law on the books now that the MDs got through the legislature with plenty of $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$. ALL FOLKS 70+ MUST SUBMIT TO A ANNUAL DOCTORS EXAM AND TESTING TO GET A TEMP 1 YEAR LICENSE!!!!!! and a $1,000+++ fine ifn' ya don't :twisted: :shock: