Legal Question in Elder Law in California

Younger stepmother vs stepchildren

I have a 80 year old husband who was diagnosed with dementia in February. When around that time he had a heart attack and then his children showed up after not speaking to him for over a year. I had to put him into a home because he became a wanderer and too much for one person to handle. I also have power of attorney over him. First, his oldest son showed up with a power of attorney letter and once he was told that wasn't legal that seemed to be dropped. Then he told the home he we was that we weren't married because he was still married to the wife before me, after I told her that she would be responsible for him including the bills he was accruing she wrote a letter stating the opposite of what the son said. Now that filed for conservatorship and served their father papers in the rest home. I think, hoping that I would not find out. That are not stating that we are married or that I even exist. Is there anyway I can stop this or basically what should I do? Please any advice or help that could be given would be greatly appreciated. I am at the end of my rope with these children.


Asked on 7/22/02, 3:10 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Younger stepmother vs stepchildren

It sounds like an appropriate case to reqest the court appoint a conservator/guardian. That will force all these issues out into the open, and result in the court appointing you [we assume] the control over him. The downside is the attorneys fees for the proceedings.

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Answered on 7/22/02, 1:08 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Younger stepmother vs stepchildren

The court would likely give you priority over anyone else for a conservatorship, but you should have an attorney object to the conservatorship at the hearing and in written form as well.

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Answered on 7/22/02, 8:52 pm


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