Legal Question in Elder Law in California

I have POA for my Dad who is 85 yrs old. He has dementia, is very, very forgetful and seems to be getting worse as he ages. I don not have conservership. My Dad wants his money to play in the stock market which is why I took it away from him because he needs it to live on and he has lost more than I can tell you. He says it's his money and I have to give it to him. I keep telling him, I'm not going to give him any money to play in the market. I am tired of fighting him because there is no reasoning with him anymore. I am ready to through in the towel. If I do and he looses all his money, he'll end up on the street without any place to live. Would or could I be charged with elder abuse in that case? Do you have any suggestions as what I should do?


Asked on 10/20/09, 10:09 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

One solution would be to seek a conservatorship. A conservatorship can be over just finances or over the person (for care related decisions) or both. Obtaining a conservatorship is complicated. There are many forms and disclosures. Being a conservator is a thankless job, so you need to decide first if you really want the responsibility. Also, the court will appoint an attorney to represent your gather and it sounds like your father, when lucid, will object. Also, you already have a POA and the Court may feel that is sufficient to manage his affairs, although technically the POA is void whenever your father objects or acts inconsistent with it. I recommend you consult with an attorney to go over all of your options in greater detail.

Read more
Answered on 10/21/09, 12:29 pm
Terry A. Nelson Nelson & Lawless

If you need to protect him against his own foolishness, stick to your guns. No one is going to seriously believe you are 'abusing' him if he complains, as long as you ethically and fully account for his money, and don't put yourself in a position where you could be accused of mismanaging it. IF he is actually 'incompetent' to manage his own money, as it seems, then you might have to seek guardianship or conservatorship over his assets. Tough call, but sometimes necessary. If serious about doing so, feel free to contact me.

Read more
Answered on 10/21/09, 5:24 pm


Related Questions & Answers

More Elder Law questions and answers in California