Legal Question in Elder Law in California

Hi,

I was appointed Conservator of Person of my mother 7 years ago. My Mom is now in a memory care unit for Alzheimer's and doing okay. My sister hasn't seen our Mom these past 6 years and never questioned my Mom's care until recently. Now she is requesting doctor's notes and test results from every visit and requesting I take her to USC to be checked out. My mom has seen her family doctor for 30 years and her Geriatric Psychiatrist for 7 years. She has also seen her Neurologist for several years and visits each of them every 3 months. They all agree she is in good hands and receiving the best care possible. They are all highly respected doctors in the county. I have been sending her a general write-up of our Mom's visit such as BP, Meds and overall health.

While I have shared some test results with my sister I have learned she is sharing them with other doctors and seeking their opinion. She then questions the care Mom is receiving from her current doctors. She has retained an attorney and is threatening legal matters if I don't give her the doctor's report and test results in full. She is also threatening to have me removed as Conservator.

What rights do I have to protect my Mom's private information and is my sister entitled to reports and test results? My sister had a very troubled past including bringing felons into our house. She stressed our Mom out to no end and maybe now feels she is coming to the rescue. I don't know what to do so need some guidance. Thank you.

Katherine


Asked on 4/29/15, 7:20 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

Normally, I'd tell you to bury her in information, she's your sister after all. But if she really is up to no good, then you could decide to make her work for it. If she were to try to have you removed as conservator of the person, she has to show cause. You do not have to account to her for your actions. You have to account to the court only. She could petition the court to remove you as conservator of the person, but the burden of proof is on her, not you. Don't give her the doctor's reports. She doesn't have a right to them. Children do not have an inherent right to the medical information of their parents unless they are appointed as health care agent under an Advance Health Care Directive or they are appointed as Conservator of the Person. Make her spend money, her own money, on a lawyer to petition the court.

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Answered on 4/30/15, 9:03 am


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