When a Sibling Is Managing the Assets of a Parent With Dementia

The most important thing is to record your parent's condition and the flow of money now. Medical records can be obtained later, but materials explaining the situation at the time disappear over time.

• Secure your parent's dementia diagnosis, cognitive test results and long-term care grade documents
• Obtain the registry records for real estate in your parent's name and list the accounts you know of
• Note by date when and how your sibling started managing things, and any signs of large sums going out
• If there is talk of selling the house or taking out a loan, find out when and with whom

Your parent owns their property, so while they are alive, the other children have, as a rule, no right to sue a sibling for its return. It is also hard to obtain your parent's account records unless you are the account holder or their legal representative. Still, you can start by asking your sibling to show you hospital and care cost receipts regularly. Keeping that request and the reply in text messages becomes evidence later that the management was not transparent.

If your parent cannot make decisions on their own, the starting point is to apply to the family court for guardianship. Any relative within the fourth degree can apply, and after applying, if the matter is urgent, you can also apply for an interim measure (사전처분) to block disposal of the property (Family Litigation Act (가사소송법) Article 62).

The court chooses the guardian on its own authority, and if the siblings are in serious conflict, it may choose someone outside the family. The guardian prepares a list of the parent's property within 2 months and is supervised by the court, and needs court permission to dispose of the home the parent lives in.

On the parent's behalf, the guardian can ask how money a sibling took was used and claim its return. At the request of relatives or others, the family court can also investigate the parent's financial situation and order the guardian to take necessary measures (Civil Act (민법) Article 954). If a sibling has already become guardian and problems appear, you can request such an investigation and also ask for a guardianship supervisor to be appointed or for the guardian to be changed (Article 940).

• Taking your parent's bankbook or registered seal without your sibling knowing
• Having your parent sign particular documents or write a will
• Posting in the family group chat that your sibling is an embezzler
• Arguing about money in front of your parent

The list of assets and transaction records organized during the guardianship are used directly after your parent's death in disputes over special benefits, the forced heirship share and the scope of the estate. Gifts or wills made in your parent's name during this period can be challenged on the basis of mental capacity, so keep obtaining medical records. If your parent's judgment still remains, voluntary guardianship (임의후견), in which your parent makes a guardianship contract by notarial deed with someone they trust, is also worth considering.

Jisan Law looks at your parent's condition and assets, decides whether to apply for adult (성년후견), limited or specific guardianship, and explains to the court the proposed guardian and supervision arrangements. After guardianship begins, we continue with claims for return and applications for permission to dispose of property, and consultations are conducted by our managing partner personally.