Legal Question in Wills and Trusts in California
Have gift deed - Can I move in?
When we determined that my mom's live-in caregiver was financially abusing her, we gave him 30-day notice. Mom has Alzheimer's. A few days before his 30 days were up, he marries my mom so he can stay living at the house. He has been leaving my Mom alone more and more, especially at night. Adult protective services aren't taking our case seriously because my mom doesn't have much assets and the caregiver husband keeps the house and her clean, and appears to be feeding her during the daytime hours.
I have had a durable POA since 2004 for my Mom before she was diagnosed with Alz's and the house was gifted to me at that time (w/ irrevocable life estate clause so Mom can continue to live there until she passes). I don't have the funds to proceed with a conservatorship yet, so I am thinking about moving in to make sure that my mom is cared for, and hopefully the caregiver will give up the charade and move out. Am I infringing on any rights by moving in without notice? Mom is fine with me moving in and I'm hoping that my durable POA trumps his status as her husband? Help! I can't let this continue.
2 Answers from Attorneys
Re: Have gift deed - Can I move in?
You probably should petition the court for a Conservertorship. Contact the office if you would like to discuss in more detail.
Re: Have gift deed - Can I move in?
The caregiver's status as her husband gives him no rights as either a life tenant, or to any of her assets, whatever they are. With her durable general power of attorney you can sign documents for her that she cannot sign herself because of her lack of competency. If your mom was incompetent when he married her, hire a lawyer on her behalf to sue for an annulment, move in and evict the caregiver.
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