Legal Question in Elder Law in California

elder care

i was living with a elderly man for over 8 years we were in an active sexual relationship, about a year ago he started exhibiting signs of dementia. there was an incident in which the police were called and he placed on a 72-hour hold in olive view hospital, his niece got power of attorney and has had him declared imcompetent and has placed in a nursing home, where he is degerating, do i have any recourse to take over her position and have him back at his home that is paid for in a quite community where is well known and loved to live out the rest of his life by people who love him also i have extensive experience with taking care of older beings .


Asked on 5/31/09, 5:02 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: elder care

You could file a court action seeking 'Conservatorship' over him. If you convince the judge it is in his best interests with medical testimony supporting you, and do so over the objections of any family, then you could succeed. Conservators are 'fiduciaries' and must report and account to the court for decisions, spending, etc.

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Answered on 5/31/09, 5:49 pm
Terry A. Nelson Nelson & Lawless

Re: elder care

You could file a court action seeking 'Conservatorship' over him. If you convince the judge it is in his best interests with medical testimony supporting you, and do so over the objections of any family, then you could succeed. Conservators are 'fiduciaries' and must report and account to the court for decisions, spending, etc. If you think you could qualify on those terms, and are serious about doing so, feel free to contact me.

Read more
Answered on 5/31/09, 5:49 pm


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