Conservator uses perjury to form conservatorship

[RobertAG]

I'm in California and my case is in Pasadena CA. The end of 2006 my sister formed a conservatorship for my mother, in her petition under perjury she said she did not know how to contact me, had not see me for over 10 years and I was not a good person thus not worth finding. Plus she and her lawyer who state the same things said they hired a private investigator who could not find me. I had fell off the face of the earth or was living in another country. When the evidence and facts later showed she was in contact with me and had my address. At first I contacted the PVP counsel for my mother who told me I should go along with my sister (even thought I told her something was very wrong). Probate investigators did the same, they made excuses for my sister and down played everything I told them. I had no choice but hire a law firm to represent me. My mother's home was sold where she told me her daughter had done things to pretend she had dementia. Her mail was forwarded and all her banking info was taken from her.

The court decided to allow us to do discovery, we first started with obtaining all the medical records. We found a doctor who saw my mother and stated she did NOT have dementia. A doctor who stopped seeing my mother when my sister discontinued all her medications against the doctors orders. Doctors where told my mother refused ALL her medications and she should be injected with Haldol due to refusing, yet records show she refused ony her stool softener as it was causing problems. Stories were changed, manipulated and made up.

As of today I've spent over $170k in legal fees just to get the courts attention and let them know about the lies. In the mean time the male judge retired and a new female judge was assigned. She stopped any further discovery for financial records and even sided with my sister that she did not have to produce any documents for her deposition.

If anything I wanted to tell the court that something was wrong, the whole conservatorship was formed on lies. I'm told that perjury does not matter that I should accept that my mother is in a better place now. My mother wrote a 6 page hand written letter about what has taken place, her wishes and fears. I was told by my attorney to ask her for this. The PVP for my mother did not like what my mother wrote and told the court "yes my client wants her son as conservator but he borders on Elder abuse". In fact the PVP stopped my sisters depo and got us to agree to a settlement only to cause me to stop things. Then as soon as I stopped she back out of her own agreement.

The most recent hearing the judge did not even have the paperwork regarding my case, she blamed it on budge cuts, then the PVP offered the judge her copies and asked us to come back after lunch so she could review the case. 3 hours later she came back, said she wanted to make something clear. That is previous documents it appeared that she did not like me or was against me. She stated that was obviously not true and wanted to apologize if I felt that way. She then ruled totally against us, no more discovery, no financial documents, no mail forwarding docs. But we could continue to trial. With what? She said we had not proven that anything was done wrong. When we had proven perjury. I asked her "What about perjury, does that matter?" She responded "there are other remedies for that" but would not say what.

What do you do when the:
Probate investigators don't listen
PVP counsel does not listen
Judge does not listen
They don't seem to care, they ignore everything we provide. Even documents that show wrong doing.

Is it my job to go bankrupt to help my mother to get the courts attention? I got nowhere contacting them without a lawyer.

 

[Dandy Don]

Your posting is a bit unclear because you have left out some essential facts.

Is your mother alive now or deceased?
If deceased, what month and year did she die?
Why is probate even a concern here--has probate been filed for her if she had a last will and testament?
Is probate going on now or is it over?
Do you feel you have been cheated out of something in probate?

Probate and conservatorship are two separate matters--even though they might overlap, they are handled in two separate courts.

If you are trying to acquire conservatorship over her now and you have lost your case, there is not much point in pursuing trying to get conservatorship yourself unless your family law attorney advises you that you can do so.

DANDY DON IN OKLAHOMA ([email protected])

 

[RobertAG]

My mother is still alive. My sister created a conservatorship here in CA without my knowledge. She lied on her petition that she did not know where I was for 10 years and had just talked to me. This case is being handled by the probate department here in Los Angeles. My sister has all the funds (approx 2 million) in one account (not blocked), she only has a 300k bond. My mothers lawyer PVP does not care what my mother tells her or what I tell her. I've provided proof that she lied and her lawyer also lied stating they hired a PI to look for me and he could not find me. Yet my address has been the same for over 18 years. My sister is billing my mother over $40k a year to be the conservator and bills for things she does not even do or are not needed. I've proved that as well in documents. Sister has liquidated everything my mother ever owned, as well as many of my things. My mother does not appear to have dementia, what sister appears to do is manipulate the doctors. She will bring 12 pairs of bedroom slippers to her locked room,(she does this when Mom is not in the room). My mother sees them then reports them to staff. My sister then comes back and removes them. So when she goes to the doctor, she tells them Mom is having hallucinations, she thinks 1 pair of shoes is 12. My mother agrees and states she did see 12 pairs and the staff backs my sister up. She does this same scam with many different items and things. Thus the doctors go by what my sister tells them and over medicates Mom. Then went people see the over medicated mother they think she has dementia, when in reality it's the medication they see. This goes on and on, the judge does not care, even after we show her documents the conservatorship was formed by lies. They always fall back to "well your mother seems to be in a better place now, that's what counts". They totally ignore that I was never involved or that my mother would never have chosen my sister over me. My sister did this since she knew if Mom had a choice she would not pick my sister.

Why I'm concerned? Over $300k was not reported to the court from day one. Over $100k a year is used for things my sister claims is needed. She is also investing the funds and not telling the court where or how? There is no control by the court, as long as the PVP gets her check she goes along with it. As long as the home gets its $4000 a month they ignore it.

The fox is in charge of the hen house and as long as its that way no one has a reason to stop anything, even if you inform them.

 

[Dandy Don]

So sorry that this particular court is not being helpful to your situation and seems to be a bit corrupt or needlessly impartial. You need to bring a separate lawsuit in a different court.

 

[inzanezanster]

i know exactly what you are going through...i just went through it except it was a long lost aunt who came to town and wiped my dad out and then petitioned for a conservatorship. she lied, had no evidence....has a history of doing this even. my sister and i had evidence, etc. the judge did not listen to us, the investigators did not, etc. whatever the aunt said was the final word. maybe because she is in her 80s and i am not. it is sickening. we could not get my dad freed from this nightmare...he finally died. then like vultures they picked more money and still are at it. there is a website "national association to stop conservatorship abuse" i think it is called...there you can read endless cases the same all across the usa....the courts, the judges, do not care less....the attorneys make deals and keep the gravy train going. the goal is to suck every penny they can up till the end. my dad had over a million dollars. now they have sucked it down to around $200,000 if we are lucky....and the courts just approve any fee or bill submitted by the aunt, the attorneys, etc. it is depressing sickening and unfair and not a damn thing you can do.