Legal Question in Wills and Trusts in California
My great-grandmother is the mother of two (daughter and son) and the youngest (son) of the two requested to have a conservator over his mother. My great-grandmother already had a P.O.A. who took very good care of her and the financial records were clean. This conservator was granted conservatership and since then, my great-grandmother's money has been rapidly been depleted for trivial things, her health has declined, visitation from family has been drastically been cut down, and she was put in a home. My great-grandmother owned her own home and her grandchildren and great-grandchildren took care of her. This conservator has granted every request the son had made and denied any requests the eldest had made. The conservator forced the daughter to even remove all her belongings out of her mother's house but had given permission to the son to live there with his wife. The conservator also made threats to the daughter that if she stepped foot on the property that she would be arrested. I thought the conservator was supposed to be impartial. It seems he is spending more time pleasing the son instead of taking care of his client. Are there any laws that can help this situation?
1 Answer from Attorneys
If you don't think the Conservator is properly discharging his/her duties you can petition the Court for instructions to the Conservator, a surcharge on the Conservator and/or for the removal of the Conservator. I suggest that you sit down with an attoreny who, after getting a better understanding of the facts, and then attempt to negotiate a resolution. While there are a variety of laws to propect seniors from "elder abuse" it is not clear from what you have said weather or not they would apply here.
Good luck.
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