Legal Question in Family Law in California
Conservertorship /child and a divorce to second wife
My father is 86 and has severe alzheimers, he is married to a 52 yr old woman who has filed for legal separation and we have filed for divorce. My older sister has conservatorship. Can we take his remaining money ( approx 30,000 ) and pay for a alheimers care for him in advance, therby using all his money? We are in the process of the divorce and my father is residing in my sister's home and needs to be moved to a permanent home....
2 Answers from Attorneys
Re: Conservertorship /child and a divorce to second wife
Probably - however, if you do not get court approval you may have to pay some of it back, if the spouse is looking to get some of it. I suggest that you file a motion with the court to get approval to so use the funds. He is not in a position to support himself, and she probably is -- so the court should listen to your request.
Re: Conservertorship /child and a divorce to second wife
If you have a conservatorship over the estate, you have the right to do that, so long as you are not violating any of the terms of the court order granting the conservatorship.
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