Legal Question in Wills and Trusts in California
Financial abuse
My father owns a home in San Francisco (no mortgage).In the last few months a ''friend'' has moved junk into a vacant apartment he owns. I has stored some belongings there after I married and planned to reclaim them.One of my friends came to me and said a man claiming to be my uncle is living in this apartment. I called my dad and he told me he has no idea what became of my belongings and he is not allowed to keep his property in there either and is moving it out.I want to know is there anyway to take over my dads estate, because his living conditions are horrible, and this person is making decisions related to his property. My father is only 57 but has never been mentally normal, especially after my sister died. He collects junk, and his home is a mess, and I think this friend uses that against him to be able to stay in his apartment. I tried APS but they refused to help because he is not 65. I don't want the city health dept to take over as they will claim the house for the city, but how can I make him clean up his home and get rid of his ''friend'' who won't let him use his home?
1 Answer from Attorneys
Re: Financial abuse
You can petition the court for conservatorship over your father. See if there is a legal aid center near you that can assist you with this. Or seek the advice of an elder law attorney in your county.
A conservatorship is where you can become a guardian for an adult if there is a good reason. Mental incapacity or the inability to manage one's finances are good reasons.
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