Legal Question in Elder Law in California

i purchased a mobile home for my parents in 2007. On the title is my father, my mother and myself as joint tenants with right of survivorship. My father passed away in 2009. My mother has dementia and is in a health facility receiving hospice. I have been estranged from my mother for 5 years. My mother had a "friend" in the mobile home park become her DPOA and DPOA over health. in 2020. I have been in little contact with this "friend" through the years. In December her friend texted me that my mother had COVID and was in the hospital. In January, almost a month later, her friend texted me that now my mother is in a facility and can't walk or talk and has been approved for hospice. I told her that I would have to sell the mobile home as I could not pay for the space rent. She said she would sign for her upon the sale. I obtained a realtor and her DPOA and myself signed the sale agreement. Not to explain all that has been said and texted between her DPOA and myself, too long, she stated she had no financial interest in the sale of the mobile home. Today she texted me that she wants 50-50 upon the sale of the mobile home. Needless to say I was livid. Her friend did not purchase the home, I did. I told her this and she said she is going to get a lawyer???? I am in California. Do I need to try to remove this "friend" as my mothers DPOA, is this even possible. Any suggestions will be appreciated. p.s. I also believe this "friend" is getting monies for having her friends act as health care providers to visit my mom prior to her being hospitalized December 29 of 2022. I will be calling Medicare and Medi-Cal tomorrow.


Asked on 2/09/23, 8:21 pm

1 Answer from Attorneys

By buying the MH as joint tenants you made ownership 1/3 each, you, mom and dad. When dad died it severed the joint tenancy and created a tenants in common ownership. That has no immediate consequences but will when your mom passes. From there, there are almost too many questions to know where to start. But let's try. Was your mom mentally competent when she signed the DPOA? What has your mom's "friend" been doing under authority of the DPOA? If the "friend" is getting kickbacks you need to initiate an investigation by your county's department of adult protective services. As for the mobile home, you currently own it 50-50 with your mom as tenants in common. The key relevance of this is that because the joint tenancy was severed, your mom's 1/2 will not automatically go to you but rather will pass through her will or intestate succession if no will. As for sale before she dies, she is entitled to 50% The holder of the DPOA is not personally entitled to 1/2 but technically she is entitled to 1/2 as fiduciary for your mom who is the actual person entitled to the 50%. Short version, your mom owns 1/2 and she or her DPOA holder gets that 1/2 of the sale. If you think the "friend" holder of the DPOA is not acting in your mom's best interests, your only recourse is to file a petition to become your mother's conservator. That would give you full control over her health and finances. However, it would also put the burden on you to act in your mom's best interest even if it conflicts with your own.

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Answered on 2/09/23, 8:59 pm


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