Legal Question in Wills and Trusts in California
What type of Petition for Conservator
My mother who is 88 years old had a stroke last week. First one. She is now hospitalized in Nevada County, California. Up to the time of her stroke she was able to completely handle her affairs but this time is no longer competent to handle them. She is now limited in speech, can not write, walk or do anything for herself. She has some comprehension but can not communicate very well because the stroke has affected her speech. Most likely she will never come home again and will either remain hospitalized or stay in a nursing home. She has given a Durable Power of Attorney to my nephew who is a schizophrenic. Not a great choice. Here is my question. Since she is unable to deal with everyday finances, bills, mortgage payments etc I need to take care of them to keep her estate intact.
Should I Petition for Appointment of Temporary Guardian or Conservator?
Or should I Petition for Appointment of Probate Conservator?
1 Answer from Attorneys
Re: What type of Petition for Conservator
The temporary conservator petition is only required if there are emergency circumstances requiring a conservator before the permanent conservatorship hearing, which usually takes place about six weeks from filing the initial petition. If a temporary is needed, that petition is filed at the same time as the permanent one, and is usually heard about a week from the time of filing.
Before doing that, though, does the power of attorney name any alternates after your nephew? And if so, are any of them capable of acting as her agent? If they are, using the power of attorney is much cheaper and easier than the conservatorship, and as long as you (and other family/friends) can monitor the agent to make sure he/she is doing what they're supposed to be doing.
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