Legal Question in Wills and Trusts in California
Taking Advantage of a Disadvantaged Mom
My mom suffers from dementia. My sister had her sign an emergency petition for conservatorship. The allegations in the petition have been proven to be untrue, and my mom has consisently said she didn't know what she was signing. What responsibility did the attorney have to 1. determine my mother's ability to sign such papers and 2. to determine if the information provided to her by my sister were correct? Do I have any recourse against this attorney or against my sister? My mother is suffering terrible mental anguish from this act. Can we sue for fraud, malice and/or recklessness?
1 Answer from Attorneys
Re: Taking Advantage of a Disadvantaged Mom
If this is in California, your mother should have also had her own attorney and a court investigator as well. Is this a continuing conservatorship, or one that will end unless a permanent conservator is appointed? You may want to contact a local attorney to review the documents filed and also see about asking the court to end the conservatorship or appoint a professional (third-party) conservator.
You may also want to contact Adult Protective Services in your mother's area and see if they can help.
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