Legal Question in Elder Law in California

Mother's mentally ill

My Mother (age 82) has suffered depression as long as I can remember. She refuses to get help. she's now at a point where she's giving away about 1/3 of my parents income to my brother (a drug addict) and she's spending another 1/3 on non-necessitites. There is zero in savings. She's abusive to my Dad (age 87) and their house is in serious disrepair (roof leaks, termites, some earthquake damage, plumbing leaks, etc, - basically 35 years of neglect). She refuses to let anyone (other than family) in the house for any reason. Not to repair the house nor to tend to my elderly father or disabled/retarded brother). If she doesn't get her way, she screams and stomps and threatens.

She also abuses my disabled/retarded brother when he doesn't do what she wants. She'll hit him with a broom handle and slap him and threaten him. She's been doing this since I was a child. I'm now back in their life and need to do something to stop this. Please help.

P.S. My brother (the addict) shares her behaviors and has physically attacked me and another brother. She always takes the addict's side and does anything to protect him.


Asked on 3/29/03, 4:08 pm

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Mother's mentally ill

If there's any chance she's mentally incompetent (at least enough not to be able to take care of herself), a conservatorship may be needed. If not, you may at least want to contact Adult Protective Services to investigate and offer their own solutions.

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Answered on 3/31/03, 12:35 pm
Terry A. Nelson Nelson & Lawless

Re: Mother's mentally ill

immediately file to obtain a Conservatorship over her, with the court. You will probably need/want to hire counsel. If so, please contact me to discuss.

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Answered on 3/31/03, 3:52 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Mother's mentally ill

wow, i am so sorry to hear about your mother's conduct and condition, and how it is affecting your family. i offer my deepest condolences.

legally, you might want to retain an attorney to help you file paperwork with social services and/or the court to remedy the situation as quickly as possible and prevent further "abuse" to you and/or your disabled brother. email me with more specifics if you would like further legal assistance and/or representation, ok.

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Answered on 3/29/03, 4:14 pm


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