Legal Question in Elder Law in California

fiduciary responsibility

How can my husband and I absolve ourselves of fiduciary responsibility for his demented mother who is running up credit card bills. She was able to sue us for the return of an old house we saved from foreclosure for her and states that my husband owes her for raising him. We live in California and know that the state is legally able to recoup medical bills and care costs from adult children. (It happened to my father in the case of his alcoholic mother.) We only want her to leave us alone for the rest of her natural life! Is there any help out there for us? Her financials show that she is worth 10 times more that we are but is running through it fast! No way to get her conserved - the other sibling does not want to make waves.


Asked on 3/13/08, 12:37 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: fiduciary responsibility

She is responsible for her own debts. Place a notice of non-responsibility in the newspaper. Don't sign anything for her credit. Don't let her use your credit cards. Your issue will arise if she goes on state aid, etc. and runs through all her assets, and they try to go after you after that. You'll have to fight it out then.

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Answered on 3/13/08, 1:33 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: fiduciary responsibility

First, you are not responsible for your mother's care costs.

If she is bothering you, change your telephone number.

If she is blowing through her financial resources at an alarming rate, she is a good candidate for a conservatorship. You might want to bring an action, despite your sister.

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Answered on 3/13/08, 3:48 pm


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