Legal Question in Family Law in California
conservatoryship
My Mother In Law is currently caring for my uncle her brother, she receives SSI for him and has been caring greatly for him for the past 4 years. She would like my husband and I to care for him if and when she passes on. However, there is nothing in ''legal'' form stating she has custody for him. She just started caring for him 4 years ago and does receive SSI as well. So, should she get this legalized or it doesn't matter? We recently signed a Power of Attorney for my husband to be secondary authority after her or in case of. Does that help? There is one other sybling alive but has no desire to care for him, so there is no atesting this procedure. My uncle is 57 and disabled (mentally and physically). PLease let me know what to do we don't want any hangups when my mother passes and do not want him in a elderly care home.
1 Answer from Attorneys
Re: conservatoryship
You could file for a conservatorship, and still make the decision that your uncle can be taken care of by her while she is alive, as long as she is able.
Then, if she passes on or if she is simply unable to care for him any more, you could take over.
You should seek the advice of an attorney, of course, to do this.
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