Legal Question in Elder Law in California

Father has Dementia, sister is trying to take sole control.

My father is suffering from demensia. There are 3 siblings 2 of us close by that have been caring for him. As of now there is no conservator. although my sister has taken over all financial decisions. The problem is my sister is an active alcholic and has many mental issues of her own. She has been making bad decisions and not letting anyone else know what is going on. She has procrastinated in placing the properties my father owns in a trust and many other important matters that need to be addressed now while at least my father is still with us. To be honest I would like to see that all 3 of us must know and agree on all decisions concerning health and financial matters. Not just her making choices that she alone decides and leaves us in the dark on in most part. How can I make it that either all 3 of us (or atleast the 2 of us that manage his care and live near him) have to be in agreement on all decisions needed to be made in his behalf? This includes Medical and financial decisions alike. I am afraid if I do not do something right away my sister will legally take full control of everything and I will be left with no say or knowledge of his well being. As of now she supports herself fully with his money.Can you help?


Asked on 5/17/06, 5:42 pm

3 Answers from Attorneys
Mona Montgomery Mona Montgomery, Attorney at law

Re: Father has Dementia, sister is trying to take sole control.

If the family members fight, the Court will appoint a third party conservator which will cost the estate plenty of money. You MUST get long with your family members. Learn to suck it up. Get along and it will pay great dividends in the future as well as providing Dad with the best possible support system of three children instead of being isolated by some unknown conservator.

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Answered on 5/18/06, 8:55 pm
Scott Grossman The Grossman Law Firm, A.P.C.

Re: Father has Dementia, sister is trying to take sole control.

You will probably have to put a conservatorship in place. It is not clear how your sister is presently exercising any authority. If she is the trustee of a trust or your father's attorney-in-fact then what she is doing may be lawful though what you describe does raise some concerns.

If she doesn't have any such authority then there is a serious problem. Either way, if she is using your father's money for herself then she is committing financial elder abuse.

By putting a conservatorship in place you will be able to see what she has done in the past and take whatever action is necessary to rectify the situation.

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Answered on 5/17/06, 6:03 pm
Terry A. Nelson Nelson & Lawless

Re: Father has Dementia, sister is trying to take sole control.

with or without agreement among the family, someone needs to apply to the court for a conservatorship for authority to handle her affairs and assets, and to remedy any improper conduct that may already have occurred. Contact me it interested in doing so.

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Answered on 5/17/06, 8:38 pm


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