Legal Question in Wills and Trusts in California

Re: Conservatorship of disabled adult son

The first question we need to answer, and I assume with traumatic TBI the answer is no, is whether your Son is capable of making decisions and understanding the legal ramifications of signing a Durable Power of Attorney. If the answer is no, then your Son's girlfriend should not be able to get a "power of attorney" over your Son's finances, or a Medical Power of Attorney over his care. Unless of course he already set up a durable power of attorney for her before her accident (most likely what we call a springing durable power of attorney, that goes into effect on certain circumstances). If this is the case, then you will need to challenge it in court, a time consuming and probably expensive proposition.

If there is no pre-existing DPA (durable power of attorney) and your Son is not capable of signing such a document.... then essentially the only option to you or his girlfriend is a conservatorship. To this effect, you are most likely higher up in standing from a legal perspective then his girlfriend, since we do not have common law marriages in California. If he has adult children, then they will most likely have the highest standing in being your Son's conservator. If that is not the case, then you are likely the next in line as the Parents.

Assuming this is the case, then yes you need to file for conservatorship as soon as possible in the county in which your son resides. I would strongly recommend contacting an experienced attorney in that area (we are in Northern California, but there are many competent attorneys down south). If she files a conservatorship before you, you must be given notice and have an opportunity to challenge it.

I would add that if you plan on taking him outside of the State, you must file a special notice when filing the conservatorship explaining the reasons why.

Good luck, I know how difficult these situations can be.

Re: Conservatorship of disabled adult son

I am so sorry for your story. This must be very painful for you.

If no one has a durable power of attorney a conservatorship will have to be established. If he is a resident of California, begin here. If you want to move him to Minn. then transfer the case to Minn. with your son.