Legal Question in Wills and Trusts in California
Procedure for court appointment of guardian of a mentally deficiant elderly pers
I need to know the procedure for court appointment
of a guardian for a menatally incompetent elderly
person, in the state of California. I know there
are steps that must be taken to insure that the
court understands my 97 year old grandmother can
not care for herself. Currently, she has been put
in an assisted care facility, but she is insisting
she is going to go home, and will go home, she has
done it before. She is no longer fit to care for
herself, she suffers from dementia. I need to know
what to do, so that the bank, (who is the guardian
of her estate), can take over and take care of her
and her obligations until she dies. I love her
very much and she lives in a very isolated place
where she depends on non-family members to help
her our. They have gotten to the point where they
feel she is no longer able to care for herself
too. I need to know the procedure for proof of
men
1 Answer from Attorneys
Re: Procedure for court appointment of guardian of a mentally deficiant elderly
It sounds like your grandmother needs a conservator of the person (who will decide where she lives and who will determine what medical care she receives) and a conservator of the estate (who will handle the money). (Guardians are generally for minor children.) For an overview of the procedure involved, I suggest you look at The Conservatorship Book, a very good step-by-step self-help book from Nolo Press (www.nolo.com/keyword/conservatorships_home.html). There are professional conservators of the person and of the estate, but they are generally quite expensive and in my opinion the quality differs greatly. If, after you take a look at the Nolo book and understand what is involved, you decide to hire an attorney, his or her fees and expenses will come out of your grandmother's money.
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