Legal Question in Family Law in California
Responsible Party List
My mother is in a nursing home and my mom's sister, which is my aunt does not have me on the responsible parties list and she does not want me on the list. Since she is the only one that can put me on the list what legal steps must I take to become a responsible party. Do I need to get power of attorney? What do I need to do to get control of my mother. FYI - My mother has another daughter as well but is not 18 yet. I am 35.
1 Answer from Attorneys
Re: Responsible Party List
This is an estate planning/probate/elder law issue. But I know almost everything so I'll answer anyway: Your aunt can only have that authority because your mother gave it to her. Your aunt must have an Advanced Healthcare Directive, a Power of Atttorney, be successor trustee to her trust, or some such thing. If that's the case, to have a sayso, you would have to bring a court action, show that your aunt is not acting properly and have her removed and seek your appointment. If there appears to be a problem, get on it, before she gets your Mom to change her estate plan for her benefit.
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