Legal Question in Elder Law in California
what's mom up to?
We just recieved a letter informing us of My Mother in-law's intention to become conservator of of her mother's estate and her care and well being.Our concern is that Our grandmother has no will, and even worse mom(the one who is going to court to secure conservatorship) was told that she had 1 year to live 10 months ago (cancer) We are not sure what mom is up to,but we know she is very capable of doing very mean things and we are very worried about our grandmother.we don't want to see her lose her home or be put in one for that matter.grandma is forgetful,has been for sometime now,grandma was finaly put on medication to help her situtation, at my wife's strong insistance, but Mom took her off the medication after a few days...My wife called the doctor and asked why he would take her off the meds to help control the dimencia he said it was at mom's insistance, and that we should get our own laywer.??what's that about? We don't want to make a stand against our mother but at the same time we don't want to wait and let grandma end up broke and in a home somewhere. the hearing is june 4th, Please Help, I have more background if needed....thanks vince
1 Answer from Attorneys
Re: what's mom up to?
The first, and best advice I could give you, is get to an attorney specializing in elder law immediately. This would not necessarily be an attorney representing you but one would represent your grandmother. Years ago and the long recognized that those for whom conservatorships were requested, should have due process. It sounds like she does needy conservatory even though we do not know how long that conservator would stay in place in till she passed away. Tell the attorney all your concerns to make sure the debt attorney understands the specific problems. Give the attorney as much information about her assets as possible. There are specific requirements of a conservatory in court and the accounting may have to do as to all of the assets of the conservatee, your grandmother. You would not once your mother dealing with some assets and then not reporting them to the court. Yours is not a unique situation and court, having dealt in conservatorships on a regular basis, can help in protecting your grandmother to a point. But, the court must be guided and told what is going on and the problem. That would be the position and job in part of your grandmother's attorney to protect her. Do this immediately. At worst, go to the hearing and explain the problem to the judge. Most courts will allow you to speak and explain your concerns. At that point you would ask for continuance so you can I read attorney for your grandmother. This is a very significant step and it sounds like the "family feud" has already started. I would imagine you should not plan on Thanksgiving dinner with your mother this year unless everybody starts thinking alike. Additionally, if you're that concern maybe you should ask that you become your grandmother's conservator. A thought not a recommendation necessarily.
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