Legal Question in Wills and Trusts in California
I am the Power of Attorney for a friend who is in the nursing home and diagnosis with dementia. Now he is under conservator ship with government. He got some inheritance from a family member that is ready to distribute. He left the money for a close friend ( will and an agreement to pay her for take care of him over the years and also he has several debts that he signed without notary). The Probate attorney said: 1) Attorney�s declaration that the Durable Power is valid. 2) Doctor Declaration as to his present mental capacity. 3/ Member of his family will need to establish a conservator ship to receive the funds. Is there anyway, his creditors and her can get their loans back?, if by law they can then how do they go from here?, should they go after the conservator ( government) or file in court?, should she file for conservator?, it would take years and very expensive?. If Doctor declaration he has dementia then what would happen?.
1 Answer from Attorneys
The probate attorney is correct as to the advice he gave you. As to his creditors they appear to be out of luck recovering their monies; however, the creditors could file a notice of creditors lien with the attorney holding the monies, and attempt to enforce those liens via a lawsuit naming the executor or if no executor then naming the attorney to compel him to turn the money over to the creditors; this is a possibility only. However, if California has a conservatorship, and the conservatee has dementia, then the attorney could well be subject a suit for the monies on behalf of California to offset against their costs of supporting the friend. Unless you move him out from the conservatoehip into a private board and care facility, it appears you have very little leverage in this action. Hope this helps Bao Lien.
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