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Conservatorship?

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Bean2

Junior Member
What is the name of your state (only U.S. law)? California

My family dynamic/situation has a weird and dysfunctional history. I could write a book, but without getting into too many details I haven’t seen my mother in over a year, and only spoken to her a few times during that period. I have siblings that have varying contact with her – none of us get along very well for long with her.

A couple of years ago my sister filed an Adult Protective Services complaint in regards to my mother’s friends. My sister claimed that they had drained my mother's money and were taking advantage of my her - she has been living alone for at least the last 10 years (she is nearly 80). The claim may or may not be true – I honestly don’t know. My mother says it’s not; but then again, she has no assets left. Sometime during the past two years, my sister stopped caring for/checking in with my mother and the friends have been doing so.

Over the weekend, my mother had a stroke and was admitted to a hospital. She is on the mend, but will need to be placed at a care facility, for at least the short term. It was her friends that brought her to the emergency room.

When my mother was brought to the ER, the still open APS case kicked in and the doctor did a psych evaluation on my mother to determine if she could make decisions for herself. She has been deemed incompetent, and they (APS) want one of the siblings to be a conservator. My siblings want nothing to do with it, and I simply don’t know what to do. I don’t know what conservatorship involves or if I would qualify, but I really don’t want her to become a ward of the state. Having spoken to my mother in the hospital, she doesn’t seem to care. Knowing her, I see it as depression and not incompetence, but I know I have no expertise.

Could you tell me what a conservatorship might involve? I would be willing to take it on, but I don’t want to unless I’m sure I am able to do it. Any insight you can provide would be very appreciated. Thank you.
 


Eekamouse

Senior Member
What is the name of your state (only U.S. law)? California

My family dynamic/situation has a weird and dysfunctional history. I could write a book, but without getting into too many details I haven’t seen my mother in over a year, and only spoken to her a few times during that period. I have siblings that have varying contact with her – none of us get along very well for long with her.

A couple of years ago my sister filed an Adult Protective Services complaint in regards to my mother’s friends. My sister claimed that they had drained my mother's money and were taking advantage of my her - she has been living alone for at least the last 10 years (she is nearly 80). The claim may or may not be true – I honestly don’t know. My mother says it’s not; but then again, she has no assets left. Sometime during the past two years, my sister stopped caring for/checking in with my mother and the friends have been doing so.

Over the weekend, my mother had a stroke and was admitted to a hospital. She is on the mend, but will need to be placed at a care facility, for at least the short term. It was her friends that brought her to the emergency room.

When my mother was brought to the ER, the still open APS case kicked in and the doctor did a psych evaluation on my mother to determine if she could make decisions for herself. She has been deemed incompetent, and they (APS) want one of the siblings to be a conservator. My siblings want nothing to do with it, and I simply don’t know what to do. I don’t know what conservatorship involves or if I would qualify, but I really don’t want her to become a ward of the state. Having spoken to my mother in the hospital, she doesn’t seem to care. Knowing her, I see it as depression and not incompetence, but I know I have no expertise.

Could you tell me what a conservatorship might involve? I would be willing to take it on, but I don’t want to unless I’m sure I am able to do it. Any insight you can provide would be very appreciated. Thank you.
How can you be the conservator when your mother is suing you over the ownership of her home?
 

Bean2

Junior Member
How can you be the conservator when your mother is suing you over the ownership of her home?
Huh? I honestly have no idea what you're talking about. She lives in a mobile home that is 99% owned by the family trust of a deceased friend. She owns 1%.

I think you may be confusing me with someone else, perhaps?
 

Eekamouse

Senior Member
Huh? I honestly have no idea what you're talking about. She lives in a mobile home that is 99% owned by the family trust of a deceased friend. She owns 1%.

I think you may be confusing me with someone else, perhaps?
Oops! My bad! Someone with a screen name similar to yours posted around the same time you did. I thought both posts were from the same person. Sorry about that.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? California

My family dynamic/situation has a weird and dysfunctional history. I could write a book,.
Most people in the world can write a book on odd and dysfunctional family history. ;):D:)
 

Bean2

Junior Member
Most people in the world can write a book on odd and dysfunctional family history. ;):D:)
Too true. Your comment reminded me of a quote, so I looked it up: "Happy families are all alike; each unhappy family is unhappy in it's own way." - Leo Tolstoy Anna Karenina And that's why this board is such a good resource - you provide a good start to solving unhappy situations.

So, some developments. I have been stymied by the power of attorney my sister holds. She (my sister) is uncommunicative and will neither provide information to me, nor will she relinquish her POA. According to APS, my sister will not make decisions for my mom and refers them to me; but the facility can't even talk to me let alone let me make decisions because I'm not POA. APS is now out of it because my mom is in a safe environment.

It's a legal vicious circle. My mom wants to be home. She appears to me to be able to be home, and I'm willing to get her the services she will need. The doctors can't talk to me to tell me why she is in the facility. They can only talk to my sister who does not want anything to do with it, and yet won't let the POA go. My mom is officially incompetent and its unclear whether she can appoint anyone else POA on her own - I know she would if she could.

Is there a way out of this, or do I just need to accept it?
 

LdiJ

Senior Member
Too true. Your comment reminded me of a quote, so I looked it up: "Happy families are all alike; each unhappy family is unhappy in it's own way." - Leo Tolstoy Anna Karenina And that's why this board is such a good resource - you provide a good start to solving unhappy situations.

So, some developments. I have been stymied by the power of attorney my sister holds. She (my sister) is uncommunicative and will neither provide information to me, nor will she relinquish her POA. According to APS, my sister will not make decisions for my mom and refers them to me; but the facility can't even talk to me let alone let me make decisions because I'm not POA. APS is now out of it because my mom is in a safe environment.

It's a legal vicious circle. My mom wants to be home. She appears to me to be able to be home, and I'm willing to get her the services she will need. The doctors can't talk to me to tell me why she is in the facility. They can only talk to my sister who does not want anything to do with it, and yet won't let the POA go. My mom is officially incompetent and its unclear whether she can appoint anyone else POA on her own - I know she would if she could.

Is there a way out of this, or do I just need to accept it?
You can sue for guardianship of your mother's person and finances, and win. In that scenario your sister's POA would be revoked.
 

Zigner

Senior Member, Non-Attorney
You can sue for guardianship of your mother's person and finances, and win. In that scenario your sister's POA would be revoked.
To rephrase that...She can sue for conservatorship and, if she wins, the PoA wouldn't have any further effect.

ETA: That may have been what you meant...?
 

LdiJ

Senior Member
To rephrase that...She can sue for conservatorship and, if she wins, the PoA wouldn't have any further effect.

ETA: That may have been what you meant...?
Yes, that is what I meant, I can see that my phrasing was a little awkward.
 

anteater

Senior Member
To rephrase that...She can sue for conservatorship and, if she wins, the PoA wouldn't have any further effect.

ETA: That may have been what you meant...?
Don't know about CA, but, in most states, the conservator/guardian can give the boot to the agent under a POA. But, it isn't required.

Of course, in this case, I reckon the OP would toss the agent.
 

Zigner

Senior Member, Non-Attorney
Don't know about CA, but, in most states, the conservator/guardian can give the boot to the agent under a POA. But, it isn't required.

Of course, in this case, I reckon the OP would toss the agent.
Fair enough :)
 

Bean2

Junior Member
So I am making an appointment with an Elder Law attorney; but in the meantime, the facility my mother is at continues to call me to make decisions on my mother's behalf. I know I don't have that authority, and I tell them every time that my sister holds the Power of Attorney at this point. Until I can see an attorney, there are some questions that keep me awake at night. You've all been very helpful - once more, please?

- If my sister hold POA and I make decisions without having conservatorship, can that come back to bite me, legally? My sister won't respond to the health care people, and I know I don't have authority. They are telling me it doesn't matter and they need some decisions in the next few days, but...doesn't her POA matter? I thought I had to get conservatorship in order to over-ride a POA. But are they right in this case, when my sister just won't even take their calls?
- is there a way to find out if POA has been revoked or relinquished if neither side will say or provide documentation?
- is there a difference between "guardianship" and "conservatorship"? Some people talk to me of one and some of the other - I assume there's a difference, but I don't know what it is, or what is appropriate for this situation.
- any ideas on how long it takes to go through the court to get this done? any ballpark idea on how much it might cost?

Thanks for any additional help you can provide.
 

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