Can we take conservatorship from my Aunt?

[prgirl2008]

I need to know what it will take to get the power of attorney from my aunt and given to my Mother. Basically My grandma is bed ridden and has some early to mid stage of dementia years ago she made her Daughter (my Aunt) her conservator of the estate, there is paperwork regarding the matter giving her full control of the estate when my grandma was to become unable to handle things on her own. First of all none of the accounts or the estate is in the name of the trust yet second of all is it strange that the lawyer for the estate is also my Aunts personal family lawyer? To Make a long story short My Aunt went through a divorce about three to four years ago and has since moved in with my grandma. She is a horrible house keeper and has messy pets, My grandmas care taker helps some with keeping grandmas room clean and my aunt pays me to do the rest of the house keeping (though I cannot keep up with the mess) This care taker shows up whenever she pleases, and sometimes leaves without notice, other times no care taker shows at all because the agency cannot find a replacement for the regular girl. My grandmother often times gets sun downers and tries to get out of bed, she falls each time because she cannot walk anymore. One time she was on the floor covered in feces and freezing cold. Keep in mind, my aunt is well aware of all this but will not find another agency that can be dependable, I have offered to be there full time but she doesn't want to fire the care taker and, heres the kicker... Her tyrant of a daughter who lives there with the boyfriend doesn't want me cleaning and making noise after 1 in the afternoon. This girl and her boyfriend use heroin and crystal meth and have destroyed the room they stay in and once set the fence on fire with cigarette buts being thrown out their windows. My aunt knows they partake in these activities and does not send them packing. These two also have been caught stealing from my grandma. My aunt does not pay bills on time ever the property taxes are 2 years over due and today the care taker could not come because the agency has not been payed in three months, mean while my grandmas money is being spent on a brand new deluxe kitchen (she obviously cannot use) this story can go on and on, I need advice can someone help? my mom is afraid that if she confronts her sister again she will destroy her relationship with her sister and not be given any inheritance (if there is any left) when the time comes and since her sister lives there it would be impossible to see her mom as well! What do we do????? Please help!!!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[>Charlotte<]

my mom is afraid that if she confronts her sister again she will destroy her relationship with her sister and not be given any inheritance (if there is any left) when the time comes

Your mother is probably not going to be able to avoid confronting her sister. She should certainly make any anticipated inheritence secondary to getting her mother the help she needs.

In addition to the legal advice someone should be along to offer, you can contact your local Elder Abuse hotline. I was going to look that up for you, but you have not given the name of your state. You are in the U.S., aren't you?

 

[prgirl2008]

me again

Yes we are in the u.s. California to be specific. I have the number for the adult protective services if that is what you mean, but if there is another number I should call too please let me know. Also its not so much the inheritance that she is worried about certainly her mother comes first but it is a problem to boot as she was trusted to "share and share alike" as the will says. If anything the money is ultimately there to make sure my grandma is safe, that comes first, but clearly its not happening shes more worried about having a top chef kitchen then paying the care giver, she is more worried about giving large sums of money from the family stocks to her daughter for the heck of it than paying the water bill and property taxes. More concerned with protecting her relationship with her daughter than asuring my grandma will not be trapped by a fire because a couple recluse drug addicts cant walk out side to smoke or use an ash tray. We know the confrontation is comming for sure but it needs to come down in one clean strike, if possible, I just hope if I call adult protective services they wont just come in, check on grandma, probably call first to warn them see that at the time she is alive and close the case. They came before because of the dog feces problem I hope they can see the rest of it too... I dont know Ive been letting this all build up for to long

 

[BlondiePB]

I need to know what it will take to get the power of attorney from my aunt and given to my Mother. Basically My grandma is bed ridden and has some early to mid stage of dementia years ago she made her Daughter (my Aunt) her conservator of the estate, there is paperwork regarding the matter giving her full control of the estate when my grandma was to become unable to handle things on her own. First of all none of the accounts or the estate is in the name of the trust yet second of all is it strange that the lawyer for the estate is also my Aunts personal family lawyer? To Make a long story short My Aunt went through a divorce about three to four years ago and has since moved in with my grandma. She is a horrible house keeper and has messy pets, My grandmas care taker helps some with keeping grandmas room clean and my aunt pays me to do the rest of the house keeping (though I cannot keep up with the mess) This care taker shows up whenever she pleases, and sometimes leaves without notice, other times no care taker shows at all because the agency cannot find a replacement for the regular girl. My grandmother often times gets sun downers and tries to get out of bed, she falls each time because she cannot walk anymore. One time she was on the floor covered in feces and freezing cold. Keep in mind, my aunt is well aware of all this but will not find another agency that can be dependable, I have offered to be there full time but she doesn't want to fire the care taker and, heres the kicker... Her tyrant of a daughter who lives there with the boyfriend doesn't want me cleaning and making noise after 1 in the afternoon. This girl and her boyfriend use heroin and crystal meth and have destroyed the room they stay in and once set the fence on fire with cigarette buts being thrown out their windows. My aunt knows they partake in these activities and does not send them packing. These two also have been caught stealing from my grandma. My aunt does not pay bills on time ever the property taxes are 2 years over due and today the care taker could not come because the agency has not been payed in three months, mean while my grandmas money is being spent on a brand new deluxe kitchen (she obviously cannot use) this story can go on and on, I need advice can someone help? my mom is afraid that if she confronts her sister again she will destroy her relationship with her sister and not be given any inheritance (if there is any left) when the time comes and since her sister lives there it would be impossible to see her mom as well! What do we do????? Please help!!!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Granny cannot make anyone a conservator. Conservators are appointed only by a court. Please explain.