Legal Question in Elder Law in California

My father is 83 years old and suffers from Alzheimers. He is not completely incompetent mentally, but does have difficulty understanding and remembering things. The problem is that my brothers ex-girlfriend has been manipulating my father for years. She has been caught stealing from my father's home on two occasions. She uses my fathers inablity to understand and remember things to manipulate him into feeling sorry for her. She is a drug addict and lives on the streets, but keeps coming to my father to get money from him. She also asks him for rides all the time, knowing that he no longer is able to drive safely. Our family has tried for several years to get my father to see that this girl is a lying, manipulating thief, but he will not listen. Is it possible for me to get a restraining order to keep her away? Is there any legal avenue i can pursue to stop her from taking advantage of my father or do i have to wait until my father is completely incompetent and then have a court declare him as such?

Thank you!


Asked on 7/06/10, 2:48 am

2 Answers from Attorneys

A conservator can be appointed for a person who is not entirely incompetent. Conservatorships can be crafted to fit the situation. You cannot get a restraining order on behalf of someone you do not have legal responsibility for, such as a minor child or someone you have a conservatorship over. You need to apply for a conservatorship and then take steps against her.

Read more
Answered on 7/06/10, 10:34 am
Terry A. Nelson Nelson & Lawless

The standard procedure is to seek court authority over him and his care through a Conservatorship or Guardianship application. The court will appoint someone in that role on proof of need and suitability for the task. If he is in SoCal, and you or other family are serious about doing so, feel free to contact me. Someone needs to do so for his protection.

Read more
Answered on 7/06/10, 12:39 pm


Related Questions & Answers

More Elder Law questions and answers in California