Legal Question in Elder Law in California

Two of course is the number of witnesses normally required to validate legal documents. ask the home to notify your when ever your brother comes to visit. Ask your father what happened and call your brother to also find out. If your father is of sound mind, with the physician present to determine that is so, and the head of the nursing home and one of their long time employees, get your father [entirely in his own handwriting if possible and readable] to prepare a new Will stating that he fully incorporates the old one, why he disinherits your brother], and that he does not remember making any other Will or amendment and renounces and voids any that were made before the date of this reaffirmation of the old Will. Have him also sign the other legal papers again, stating that he is unaware of giving your brother any powers over him and why he would not do so, but admitting sometime he can be pressured and may not understand exactly what is going on.

If your brother files any legal documents to change your legal status as to your father he should notify you but he may not. Periodically change on line the court web site of the county in which your father resides to see if he files anything. He can file suit and seek conservatorship. Talk to some elder law attorneys to see if you should do anything else. KGO radio, 810 a.m., has a talk show attorney Len Tillum, 1-2 pm M-F who handles elder law matters and gives good advice, also answering e-mails on his part of the KGO web site.

not proof read

I agree with most of Mr. Shers' answer and won't repeat it.

To specifically address your question about your brother seeking a conservatorship, it IS possible for him to do so. If he seeks appointment as conservator, it does NOT mean that he will be successful. IF he does file a petition in the probate court you should be sent a copy. It is also required that your father be given a copy.

It's possible that your brother would leave you off any petition so the court wouldn't know of your existence. However, they must know of your father's existence since he is the subject of such a petition. You should, therefore, make sure to let the facility where he is residing know that you should be informed and receive a copy of any court documents.

Should your brother file a petition you can then hire an attorney who should argue either that a conservatorship is not necessary since the powers of attorney are sufficient or that you should be appointed as conservator given the relationship between you and your father.

You should also make a record of the date/time that your brother and his strangers visited your father and find out from the facility in which he resides his mental condition/state when your brother visited.