Legal Question in Elder Law in California

Take conservatorship from daughter

My sister is mentally incompetent. My wife would like conservator & guardian for my sister, but we've received a total of 16,000 in past for paying rent & utilities a few times. The court didn't know. I've had a bankruptcy, but my wife is squeaky clean. She pays all the bills. But for the last 10 months of taking care of Gloria, we've been getting money to pay for her rent, utilities, food, clothes, personal, etc...started at $3,200, then 3,000, now for the past 3 mos. it's 2,000. Lately, she is maxing her c.c. We know her mos. retire, S.S. was $3,000 and now is 2,600. Mostly my wife takes care of her 14/7 for free. Gloria can not be left alone and needs constant CARE which makes it impossible for my wife to have a paying job. 14 hrs/7 x $8 hr, 10 mo. We did our homework and the facilities start at 3,500 for basic care. (She's more). If the economy was doing well and we had money already, I wouldn't ask...she's my sister. Would the judge still favor us? Would the judge consider the 16,000 we've received compensation for care of Gloria for all those hours? We have proof the conservator is mis-using Gloria's money on a new E350 Mecedes. All we really want is a certain amount of money every month for everything.


Asked on 4/29/09, 4:09 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Take conservatorship from daughter

If there is already a Conservator appointed, you will have to show the court a compelling reason to change to you for the best interests of the person. Her financial dealings, and yours, which will be fully disclosed in your pleadings, will be part of the court's decision making process. If this is in SoCal courts, and if you're serious about getting legal counsel in this, feel free to contact me.

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Answered on 4/29/09, 1:56 pm


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