Legal Question in Elder Law in California

Want to protect my grandparents from nursing home

My aunt, who is the co-trustee of my grandparents� estate, is trying to put them into a nursing facility and move into their home. My grandparents, in their mid-80s, are still perfectly capable of living on their own and it breaks my heart to imagine them forced into a home. My dad is the only other child, but he has expressed that he won't take steps to fight my aunt on this matter. Is there anything I can do to prevent my aunt from going forward with this? Do I have any legal rights as a grandchild?


Asked on 6/23/08, 2:46 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Want to protect my grandparents from nursing home

Help them defend the conservatorship action. If she does not have conservatorship then she cannot make them move. Contact me directly.

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Answered on 6/23/08, 2:54 pm
Terry A. Nelson Nelson & Lawless

Re: Want to protect my grandparents from nursing home

If you are serious, and if the grandparents are actually 'mentally competent' and able to make decisions for themselves, then you could assist them in refusing to bow to the trustee's pressure. A trustee has only certain powers, so if this trustee is violating the duty to the grandparents, or violating ethical standards by trying to take over the house, you could help them file legal action to stop it. That is a last resort, and you should first try having an attorney resolve the problem, using the threat of litigation as the leverage. Feel free to contact me if serious about doing so.

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Answered on 6/23/08, 3:41 pm


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