Legal Question in Elder Law in California

my mom, 79, has altzheimers, and recently was determined that she could no longer live alone...my sister and i knew this was coming and made plans for me to move in and take care of her in her house. she's had a boyfriend, 83, for the last 4-5 years. he has never " approved " of our family dynamics, we only call on holidays and b-days kind of thing. since i've moved in, he has acused me of either stealing my moms money or that i'm just here to steal it , to Adult Protective Services, i was investigated and found innocent...he now is acusing me of just being a freeloder...all this i wouldn't mind except that he's now either telling my mom these things or agreeing with her when she says them ( typical altzheimers prob ), the thing is that with him backing her in her dillusions it's becoming harder and harder to care for her. i don't want to get him out of her ( my ) life but i don't think this will work w/ him around. mom has not been declared incompetant but she probably should be. can i legally have him removed from our lives... something along the lines that he is " detrementle to her mental health ". please advise, i'm going nuts with this guy.


Asked on 7/14/11, 2:40 pm

2 Answers from Attorneys

Unless and until your mother is officially incompetent, or he does something illegal, there is nothing you can do to remove him from your mother's home. If and when your mother is incompetent, then you would need to file immediately for conservatorship over the person and estate of your mother. At that point you would have full legal authority to do whatever is necessary and appropriate for your mother, her care, and her finances. Think a power of attorney on steroids (subject to court supervision and reporting requirements of course).

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Answered on 7/14/11, 2:55 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I agree with Mr. McCormick. I would also recommend that you speak to your mother's physican about your concerns as to her capacity. You will need to have the doctor evaluate your mother's mental capacity in order to move forward. Alzheimer's is a progressive desease, as you know, so sooner or later your mother will need you and/or your sister to handle her affairs for her.

Based on your post, I am assuming that your mother does not have a Power of Attorney or Advanced Health Directive in place. So, as Mr. McCormick has said, you will need to obtain a Conservatorship over your mother in order to manage her finances and her care.

I'm not sure what your relationship with your mother's boyfriend was before you moved in, but from your description of his behavior, it appears that he could be suffering from dementia himself. It could also be that he does not understand your mother's disease. Whatever his reasons and depending on the type of Conservatorship established, if either you or your sister (or both) are appointed Conservator, then you/she can make decsions in your mother's best interest including health, well being etc.

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Answered on 7/15/11, 2:09 pm


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