Probably not, but it’s also probably in a gray area. Everyone is entitled to do what they want with their money unless they have been declared incompetent by a court. So, until a guardian or conservator has been appointed for your husband, he can go to a bank and take out his money, with or without the help of others. If you believe this was totally against your husband’s wishes or his dementia is at such as state that he cannot make any decisions about his finances, you might report what happened to your local agency that investigates allegations of elder abuse.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
