Legal Question in Elder Law in California

My father died leaving a life insurance policy worth $250,000 dollars to my mother. My mother suffers from schizophrenia, but refuses medication. I feel she is in no right state of mind to make any sort of financial decision. My sister is trying to convince my mother to spend $100,000 of this money to purchase a second home that my sister plans to rent from my mom. If my mother falls ill, and we need to put her in a home, we will need this money to care for my mom. I want to see all off the life insurance money into a trust for my mom. What rights do I have? What can I do to prevent my sister from getting her hands the money?


Asked on 3/04/11, 9:59 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

Your options are limited. You can seek a conservatorship over your mother and her estate if she is not competent to handle her own affairs. However, you can expect your sister to oppose or seek her own conservatorship. It is not clear from your letter that your mother is incapable of handling her own affairs. You may want to sit down and discuss options with your mother and see if she is agreeable to putting the money into a trust or annuity.

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Answered on 3/05/11, 3:05 pm


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