Legal Question in Family Law in California
California guardianship law
Over 15 yrs ago, our family member suffering from mental illness as a result of the vietnam war wandered from Pennsylvania to California. Through those years we have tried every way we knew possible to locate him, with no success. Recently we were contacted by the California state conservitorship that he was in a personal care home and about to receive a large amount of money. They tell us he is not able to manage his own funds and that really they cannot determine if any information he gives to them about wanting to return home would be genuine, but will respect that he says he does not want to return home. Also, his daughter who is a grown woman now, wants to go visit her father. the program who told us they would fight us if we try to come up against their efforts to be his payee. They also said California law requires a person who wishes to become a payee must be bondable and have assetts totalling the amount of the guardians assetts, which his is over $100,000.00. Is this true even for a a blood relative? What recourse do we have given his mental state? They told us if he chooses to return home, he could, but not his money.
2 Answers from Attorneys
Re: California guardianship law
Dear Inquirer:
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http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The daughter would be a good candidate to be his conservator, the state-appointed conservator's threat to "fight it" notwithstanding. She would have to either post a bond (not a big deal usually) or the money might be placed in a blocked account to be used only with a specific court order to do so. Periodic accountings would also be required.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: California guardianship law
Yes
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