Legal Question in Elder Law in California

Guardianship of a Grandparent

I am an 18 year old adult taking care of my 68 year old schizophrenic grandmother. She has been financially taken advantage of by other family members. While in their care, her small social security pension was treated as a community free-for-all. She recently put all of her assets into my possession. Now that I am applying to be her caregiver, all of her relatives are harassing me for the position and her property. Legally, would a written agreement/contract suffice? Or would it be necessary for me to become her guardian or conservator?


Asked on 4/28/09, 7:20 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Guardianship of a Grandparent

A power of attorney would suffice if a doctor says she has the capacity to execute one. If not, which is likely, you'll need to file a petition for conservatorship.

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Answered on 4/28/09, 7:29 pm
Terry A. Nelson Nelson & Lawless

Re: Guardianship of a Grandparent

Have her sign a Power of Attorney to you. It is the easiest solution, not the best. You might be forced to file for Conservatorship or Guardianship if she becomes 'incompetent'. You two might also consider filing suit against the relatives, if they actually 'stole' her money. However, don't bother or waste money on that if there isn't any chance of getting her money back. You might instead consider complaining to Adult Protective Services about the abuse. Consult with counsel before doing so, to evaluate the risks. If you need legal help, feel free to contact me.

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Answered on 4/28/09, 8:43 pm


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