Legal Question in Elder Law in California

Can I have my dad declared incompetent?

My mom passed in 2004. My brother, living in their house, invited his girlfriend to move in. Because of his mental instability, he convinced my parents to remove my name as executor of their trust and put another girlfriend on as a new executor with power of attorney. The two women have been chummy and have been conspiring. Carol has been in dad's house 4 yrs, paying a small amount of rent, claiming to be part of the family in ''her'' home. My brother broke up with her two yrs. ago but couldn't make her leave. He died unexpectedly Dec. 16. I felt I could finally update the trust and return my name as executor, which my dad wanted to do. We went to the lawyer to start a new trust. Before we could get to the second appointment, the ladies (one now lives out of state) talked trash about me, convincing dad I wasn't to be trusted. It seems Carol has been flirting, being nice, trying to seduce him. Now because of his dementia, he thinks he'd like to marry her (he's 90, she's 58) and plans to make HER the executor next Wednesday. He's being exploited. I Must stop this ASAP. Please advise and HELP me! the daughter


Asked on 1/18/09, 3:06 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Can I have my dad declared incompetent?

I will do whatever I can. Please contact me directly via e-mail to make an appointent.

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Answered on 1/18/09, 2:45 pm
Terry A. Nelson Nelson & Lawless

Re: Can I have my dad declared incompetent?

You could file for conservatorship over him, if he is 'incompetent' to protect himself. If you think you can convince a judge he is, get an attorney to file the action. Feel free to contact me if serious about getting help doing so.

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Answered on 1/18/09, 5:00 pm


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