Legal Question in Wills and Trusts in California

I want a conservatorship as I live in New Mexico and my brother lives in California. My mom passed in Jan 2014 and I still have a elderly father living. My brother refuses to communicate with me and my current lawyer hinted since I live in New Mexico I may have problems. I can not talk to my Fathers Doctors to get health info as my brother has power of attorney. My dad loses $1500 a month and he's hoping my father passes soon so he doesn't have to sell his home for care, in other words I believe his expenses exceed more then his income. I have lived here for 8 yrs and prior to my moms death my brother got my mom to sign a power of attorney and brain washed her. My brother even texted me about my moms death. Should I seek another attorney so I can get info on my dad and his finances, I thought getting a conservator would be the answer as my dad is a stroke patient , but he verbally told me 3 months ago I could have access to his health info., but he can't write. Hoping there is hope out there for me!


Asked on 5/30/14, 2:57 pm

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

The conservatorship process in California is very involved and can be expensive especially if your father or your brother object to it. Since you say that your brother is your father's agent under your father's power of attorney, you have to show how that power of attorney is not sufficient and a conservatorship is necessary. The court will appoint a conservator if it can be shown that the agent under the power of attorney or advance health care directive are not acting appropriately.

You may also have trouble getting appointed conservator of the person since you live out of state. However, you could petition to have someone else appointed of the person such as a private fiduciary.

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Answered on 5/30/14, 3:10 pm


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