Legal Question in Wills and Trusts in California

Conservatorship vs. POA

My aunt has five daughters. One of the daughters moved in with her parents six years ago. Slowly she began restricting access by the siblings to their parents. My aunt died in March and this aunt would not let any family near my uncle. We then found out that my mother deeded the house to this aunt. She now shares the house in joint tenancy with my uncle. Also, she has POA. I think my aunt is guilty of abuse. Can a conservatorship help? Will a conservatorship beat a POA? Thanks!


Asked on 8/21/07, 7:01 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Conservatorship vs. POA

If there has been fraud or overreaching, any person interested in the estate can sue. You mention five daughters. The onther four should get together and hire a lawyer. If you think you mom's house wound up in her sister's estate due to fraud or overreaching, you should join to, together with any siblings you have. And, yes, by all means, a conservatorship should be established for anyone unable to care for their own affairs if the holder of a P of A is participating in fraud and overreaching.

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Answered on 8/21/07, 9:01 pm


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