Legal Question in Family Law in California
Rights of Mentally Ill
My 78 year old uncle was living with his wife, in California, when her 26 year old grandson moved in, temporarily. The grandson has caused tension in the marriage, ultimately having my uncle committed for a 72 hour 5150 evaluation. The grandson plans on moving out with the grandmother, taking all the possessions. Right now, we're working on getting my Uncle out of the hospital. How can we assure that my uncle's possessions (clothing, vehicle, office supplies, business records) are kept safe. I think they even had a restraining order served on him. If I can get him out, we plan on escorting him, with the Sheriff, to remove his possessions. If he isn't released, how can I safeguard my uncle's possessions?
2 Answers from Attorneys
Re: Rights of Mentally Ill
Your question brings up a couple of different issues. First, regarding your uncles possessions, if your uncle was married, then we are talking about community property, of which he owns 50%. If the marriage has fallen apart due to the grandson, then a divorce should be filed on his behalf. Once that is done, automatic restraining orders are placed on community property to protect a spouse from the other spouse taking, selling, or stealing it.
Second, if there are issues of mental capacity with regards to your uncle, then perhaps a conservatorship over your uncle is necessary in order to protect your uncle and his belongs.
Third, if a restraining order has already been served on your uncle, then he will need legal representation for the upcoming hearing on the restraining order.
I would be happy to discuss the needs of your uncle in greater detail if you wish to call me.
Michael Burt
(213)384-2220
Re: Rights of Mentally Ill
you might want to consider filing for a conservatorship for him
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