Legal Question in Wills and Trusts in California
Elder Law
I have 93yr mother currently cared for by Bro.67yrs, has Power of Attorney, No phycical abuse is noticeable -but mental abuse is guestionable. -All family members agree quality of life is not she is has being use to--name removed--She is not able to control direction of her life--name removed--Bro--name removed--has never left house--name removed--does not financial security--name removed--Mother has rental property,social security to meet her needs--name removed--Have questioned direction of her funds used--name removed--but does not have to answer to anyone--name removed--He can program her thinking against all family members--name removed--Family members not interested in her financial holdings--name removed--What recourse can we as family members take?
2 Answers from Attorneys
Re: Elder Law
You can petition the court for a conservatorship and ask that someone other than bro be put in charge. Bro will probably fight it and ask that he be named but even if he is named he will then have to provide accountings to the court.
Re: Elder Law
Mr. Koury is right. If your brother does fight it you can ask that the court appoint a guardian of your mother's estate that is someone other than your brother. If your brother is appointed as the conservator he will then have to provide an accounting of all money before it is spent and that accounting would have to be approved. If you would like additional information on how to do this and how much it will cost I would be happy to speak with you. The consultation is free. My toll free number is 877-546-9918 or you can email me with your name and phone number and I will call you are your convenience.
Sincerely,
John Hayes, Esq.
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