Legal Question in Wills and Trusts in California

Brother Changing Locks Without Mothers Permission

Mother is 94 and is competent. I asked Mother if this was her wish to lock us out of her home and her reply was that she didn't give my brother permission. I contacted County Human Services for the elderly and they sent someone to investigate. They said Mother didn't want to talk to them. I told them I was also suspicious of financial abuse and they said they will investigate that. Still pending.

My son has been caring for her for 20 years or more and says my brother has been stocking and threatens him with harm. My brother told him, ''He didn't deserve to live''.

My brother has conservator and Power of Attorney and is Co-executor with me to Mothers revocable Living Trust.

I was in the process of getting Mother some help in Bathing and chores around the house when my brother rushed someone in and is now living in the house with her.

My brother picks fights with family members that come to visit Mother which creates a dangerous Environment of Fear and Intimidation for all.

My question is, since I am Co-Executor to Mothers Trust, can Trust money be used to hire attorneys to Protect Mother from him and others who abuse her?


Asked on 1/04/05, 10:05 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Brother Changing Locks Without Mothers Permission

this question cannot be answered completely and correctly without reviewing the court files related to the conservatorship and all of the relevant documents (trust, power of attorney, etc.)

usually it is necessary to petition the court to have the current conservator removed and replaced by someone else.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=02001-03000&file=2650-2655

any use of the conservatee's assets for attorneys fees related to the petition must normally be approved by the court before disbursement. this means that the attorney must wait (and believe that the petition will be successful) and may be limited to the amount the court believes to be reasonable.

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=02001-03000&file=2430-2431

you can use your own resources to hire an attorney, and if the petition is successful you may be able to obtain reimbursement of the fees and costs you have expended.

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Answered on 1/06/05, 1:05 pm


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