Legal Question in Elder Law in California

Re: Dad's health care questionable

The answer to your question would depend on a number of factors. What is the status of your father's mental health? Does he still have legal capacity? Does he agree with your stepmother's decisions? If she is ignoring his requests and has capacity, he could sign a power of attorney giving one of you the decision making authority.

If he does not have capacity, does your father have an estate plan or durable power of attorney for health care? If so, who is in charge? If your stepmother is in charge, my guess is that you would have problems.

If there is no durable power of attorney and/or your stepmother is the agent, then you will have a much harder time. You can consider filing for a conservatorship, but unless you can show that your father is being abused (probably more than just 'he's depressed'), then most likley the court will keep your stepmother in charge of his affairs.

You should consider consulting with a probate/elder law attorney near your father's residence or current location.

Re: Dad's health care questionable

You may be able to seek and get a conservatorship for him, to allow you to control where he is cared for. It will require a showing that he is not properly cared for now. It might be a fight with the step mother, but unless you can get her to voluntarily change, it is probably your only remedy. I he is local in the Southern California area, you can contact me to discuss the issues, facts and costs of doing so. If he is elsewhere, contact the local Bar Association or Lawyer Referral Service to get a name of local attorney.