Legal Question in Family Law in California
My Aunt is going through a horrible divorce and it is one month away from being finalized. Unfortunately, she is in the hospital on the brink of death and her soon to be Ex-Husband has taken over the decision making as he is still legally next of kin. He's making horrible decisions, such as withholding information from immediate family, taking advantage of her current state and is legally killing her, by allowing the nurses to give her minimal care.
He is a convicted felon for spousal abuse and is a heavy alcoholic.
Is there any way for us (Immediate Family) to obtain a power of attorney? Please hurry, I feel as though time is running out!
1 Answer from Attorneys
If you believe he is abusing her financially, file a complaint for elder financial abuse. Depending on your county, initial intake for that kind of case may be with the DA's office or the police.
As for getting control of her care, you need to petition a court to appoint someone other than him as her conservator. When they are uncontested, a conservatorship can be done without an attorney, but it sounds like he will fight. In that case, he will very likely win unless you have a lawyer.
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