Legal Question in Elder Law in California

Conservatorship

My 87 year old mother lives in her own home. She broke her shoulder in a fall

and now requires some sort of assisted living. Her youngest son and dauhter-

in-law have lived in a house on the same property rent free for 18 years. They

have clearly taken advantage of my mother's assets by doing the following:

taking automobiles my mother purchased,using her credit card without her

knowledge and her checking account. They have moved out of the rear

house, because of disrepair, in the guise of ''taking care of our mother'' and

into my mother's residence. My mother has grown to be physically dependant

on them and is afraid to ask them to move or to stop using her money for

their benifit. The brother and the sister-in-law have recently had her change

her trust to leave the home to them. I was the executor of the original trust.

Can the trust be changed without my knowledge or permission? We are

outraged and want to know how we can stop them from using my mother's

money to supplement their own income? Also can we contest changes to the

trust?

Thank you for your assistance.


Asked on 4/11/04, 1:41 pm

3 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Conservatorship

If you know all this is happening, why are you letting it. Don't tell me you can't do anything about it. If you love your mother you should be proactive in protecting her. Don't sit in front of a computer screen waiting for free legal advice. Immediately, yesterday, tomorrow morning at the latest go out and see an attorney in your area who is specialized in estate planning/elder law. Call your local Bar Association and making the new names of numbers of attorneys who are specialized in this area. Make the fastest appointment you can and bring every document with you that you can. Get him/her all the information you can as they are laws against elder abuse and it sounds very close to what might be considered elder abuse. It's not the money that counts, it's your mother and her quality of life and peace of mind in her waning years.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 4/11/04, 8:54 pm
Scott Schomer Schomer Law Group

Re: Conservatorship

You should speak to an attorney about a conservatorship, which is a court process whereby a manager (the "conservator") is appointed to handle your mother's affairs under court supervision. Once this happens, whoever controls your mother's affairs will only be able to spend her money for her purposes, will have to file accountings on a regular basis and will have to post a bond against loss.

As for changes to the trust, yes it can be changed without your input. If your mother is suffering from mental impairment, however, the change may not be valid.

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Answered on 4/12/04, 9:12 am
Terry A. Nelson Nelson & Lawless

Re: Conservatorship

Yes, you could stop the financial abuse by filing for Conservatorship, and you could file criminal charges if you believed them justified, and if you are willing to do so to family members. If you want to pursue Conservatorship, feel free to contact me.

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Answered on 4/12/04, 2:49 pm


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