Legal Question in Health Care Law in California

Declared Incompetent

My Mother is living in California with one of my sisters (there are a total of ten siblings) and her mail and legal correspondence comes to me in Florida, I am the executor of her estate and she wanted me to handle her money for her so she wouldn't have the bother and as she put it she wouldn't be tempted to do anything stupid. That was a quote. Now some of my sisters want to declare her incompetent and have the money being taken care of by the sister that she is living with and drop me out of the picture. My name is one her checking account ( I have not spent one penny) and I am the beneficiary on all of her other money accounts. She has no property only a few possessions and money. Is it possible for them to have her declared incompetent even if she is not and what can I do if any to stop them. Two of my other sisters agree with me.


Asked on 11/26/06, 9:40 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Declared Incompetent

Yes, they can have her declared incompetant -- but this is really a question of California law, where your mother lives. I believe in Californoa, like Florida, there is a judicial process to declare someone incompetent. The court hears evidence and doctors are appointed to give testimony. You can testify. Even if ncompetent, the court then appoints a guardian. The court does not have to appoint your sister. It can appoint you -- although there is usually a preference for someone that lives in the state where the person is. The court can, though, appoint a bank or, since you have been talikng care of the finances (there will need to be evidence of that), the judge could just allow that to continue.

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Answered on 11/26/06, 4:31 pm


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