Legal Question in Elder Law in California

Emergency Gaurdianship in California

My brother lives in AZ, and is applying for emergency gaurdianship to remove my father from my home here in California.

I do not have the MPOA, but my father is bedbound, and cannot be moved without pain. He has revoked hospice for my dad, and is forcing us to return him to AZ where he lives.

Long story short, what can I do legally to prevent him from removing him, and will his AZ guardianship document hold valid in Calif. I have been told he must have the medical Power of attorney, or he legally cannot take him.

He has also threatened to call APS on us. Do we have options?

Our father has brain cancer, and my brother does not believe that my father is dying. He has made him go through radiation treatments knowing that they were unecessary treatments, and not going to be effective. He continues to keep him on vitamins, and homeopathic remedies, as well as several pill form medications, however our father has deteriorated to the point that he needs morphene, halodol in a liquid form because he cannot swallow.

If my brother takes him, he will take him off of his pain meds, and force him to take pills he really doesn't need. Isn't this Elder Abuse? Hospice in CA has noted that my father needs the pain med


Asked on 1/31/07, 12:53 pm

2 Answers from Attorneys

Vandad Moheban Moheban Law Firm

Re: Emergency Gaurdianship in California

Guardianship or conservationship can be filed for in California. Our suggestion is that you contact an attorney in California to discuss your options. Our office will give you a free thiry minute consultation to discuss this issue further. Our toll free number is 1.877.MOHEBAN. Ask for Susan Tenzer or Vandy Moheban

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Answered on 2/01/07, 2:03 pm
Terry A. Nelson Nelson & Lawless

Re: Emergency Gaurdianship in California

Your solution is correct, you need to apply for guardianship in CA, and should be able to get it on those facts. Feel free to contact me if you want legal help doing so, if he is in SoCal.

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Answered on 1/31/07, 2:44 pm


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