Legal Question in Elder Law in California

Voluntary conservatorship and untrusting friend

My mother has dementia, is in assisted living, and been declared incompetent to handle financial matters. Her long time ''friend'' drove her to her bank to withdraw part of her large savings for ''safe keeping''. I called APS and filed a complaint. I feel APS did not take this seriously because it has been 3 months and I haven't heard back. My mother's ''friend'' has now taken my mom to an attorney to have my mom sign a voluntary conservatorship. Would this be considered a conflict of interest? What rights do I give up as Power of Attorney if I allow this to go through? I really can't afford to fight this in court but am concerned this lady will somehow get access to my mom's money. Lastly, is APS required to give a report of finding at some point? Thanks so much.


Asked on 10/19/08, 8:47 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Voluntary conservatorship and untrusting friend

Contact the police and APS and demand action. You could file for conservatorship and likely be granted control. The legal fees would likely be payable from the estate if you succeed in protecting her this way. If this is in SoCal, feel free to contact me for the legal help you'll need. If you sit and wait for the money to be stolen, it will be too late to do anything about it.

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Answered on 10/19/08, 10:33 pm


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