Legal Question in Elder Law in California

My mother has been diagnosed with severe dementia and been living in assisted living the last 5 years. Her family doctor, geriatric psychiatrist and neurologist all agree she should be placed in a secure memory care unit where she can get more attention and that is overdue. She has a conservatorship of estate and health because of her illness.

The current public defender unit doesn't believe she is ready even though she has trouble speaking, toileting and showering. She basically sits downstairs with little interaction.

Is there anything that can be done to help my Mom and her move to a facility that specializes in memory care? Apparently the PD's office and judge are being difficult with many people needing memory care in our area. Thanks for your help.


Asked on 5/29/14, 9:41 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

You could hire an attorney and petition the court to be appointed as conservator of her person and estate, with placement authority, replacing the current conservator. If you become conservator, you would be able to place her in what her physicians believe is a more appropriate facility.

However, I wouldn't be so sure that she would receive better care in a memory care facility than in assisted living. You need to look at staffing ratios. Many patients in facilities specializing in memory care are there because they are physically mobile and tend to wander if they aren't within a locked facility.

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Answered on 5/30/14, 9:13 am


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