What is the name of your state? California
Question: My mother has a trust with myself and my older brother named as co-trustees. She has had some short term memory problems which have impaired her ability to manage her bank accounts and other financial affairs. I have been able to help her pay bills, etc., for the past few months. My brother and I are at slight odds regarding whether we need a conservatorship or power of attorney. My mother isn't so incapacitated that one would say she was incompetent, but she can't remember details of significant events even a few days ago. I want to get a conservatorship, both of her person and of the estate. My brother doesn't want to get this, but feels that a power of attorney would suffice. Here's the "rest of the story":
Currently, and for the past 3 years, my mother has hosted a younger woman, just under 40, in her condo. This girl has taken an informal role as caretaker, doing a few errands, some cooking and cleaning, etc. There is no formal contract, nor is she a professional caretaker. Under the table, my mother had been giving her about $100. every other day.
Last year, my mother had heart problems, and had a pacemaker installed. I went to see her in the hospital at the time, and while staying at her house, found out that the girl downstairs is a meth addict, and admittedly an alcoholic. My mother doesn't understand the implications of the girl's behavior in regards to her drug addiction. I believe that the girl is guilty of financial abuse, and have filed a complaint with Adult Protective Services. I want to have the girl evicted, but my mother has taken a liking to the girl, and will not hear of it. Now my mother is out of money, almost, having spent most of it on the girl.
Last August, I got calls from Mom's neighbors saying Mom had asked them for money, and why doesn't she have money. I went up to see, and found that Mom had been bouncing checks for months. She had drained all her bank accounts, stocks, bonds, etc., and didn't realize it. I was able to find just enough money to keep her afloat. Since that time, I've been paying her bills, but have admonished Mom not to give the girl any more money. But the girl has sway over my mom, and she ends up with cash when she asks for it. Now I'm afraid the girl has been stealing from my mother to get booze and drugs. The girl also has access to my mother's new Honda, purchased last year, and drives it every day for very long distances. She has no license, and is uninsurable. I'm afraid that if she has an accident, Mom will be on the hook for everything, and could lose all she owns if someone is hurt or killed. My mom depends on the girl for errands, and Mom doesn't want to drive. Now the car has over 50,000 miles in less than a year.
I want to get a conservatorship, but my brother thinks that Mom will be very upset with us if we do. And if Mom contests this in court, it will cost us and her a lot of money. (Ultimately, the money will come out of her estate, mostly the condo, which is worth a lot of money). My brother wants to find out why we can't just get a power of attorney instead of a conservatorship. I'd like to know what the difference is, and what powers are granted for each one. Which one would you recommend? Thanks, Paul
Question: My mother has a trust with myself and my older brother named as co-trustees. She has had some short term memory problems which have impaired her ability to manage her bank accounts and other financial affairs. I have been able to help her pay bills, etc., for the past few months. My brother and I are at slight odds regarding whether we need a conservatorship or power of attorney. My mother isn't so incapacitated that one would say she was incompetent, but she can't remember details of significant events even a few days ago. I want to get a conservatorship, both of her person and of the estate. My brother doesn't want to get this, but feels that a power of attorney would suffice. Here's the "rest of the story":
Currently, and for the past 3 years, my mother has hosted a younger woman, just under 40, in her condo. This girl has taken an informal role as caretaker, doing a few errands, some cooking and cleaning, etc. There is no formal contract, nor is she a professional caretaker. Under the table, my mother had been giving her about $100. every other day.
Last year, my mother had heart problems, and had a pacemaker installed. I went to see her in the hospital at the time, and while staying at her house, found out that the girl downstairs is a meth addict, and admittedly an alcoholic. My mother doesn't understand the implications of the girl's behavior in regards to her drug addiction. I believe that the girl is guilty of financial abuse, and have filed a complaint with Adult Protective Services. I want to have the girl evicted, but my mother has taken a liking to the girl, and will not hear of it. Now my mother is out of money, almost, having spent most of it on the girl.
Last August, I got calls from Mom's neighbors saying Mom had asked them for money, and why doesn't she have money. I went up to see, and found that Mom had been bouncing checks for months. She had drained all her bank accounts, stocks, bonds, etc., and didn't realize it. I was able to find just enough money to keep her afloat. Since that time, I've been paying her bills, but have admonished Mom not to give the girl any more money. But the girl has sway over my mom, and she ends up with cash when she asks for it. Now I'm afraid the girl has been stealing from my mother to get booze and drugs. The girl also has access to my mother's new Honda, purchased last year, and drives it every day for very long distances. She has no license, and is uninsurable. I'm afraid that if she has an accident, Mom will be on the hook for everything, and could lose all she owns if someone is hurt or killed. My mom depends on the girl for errands, and Mom doesn't want to drive. Now the car has over 50,000 miles in less than a year.
I want to get a conservatorship, but my brother thinks that Mom will be very upset with us if we do. And if Mom contests this in court, it will cost us and her a lot of money. (Ultimately, the money will come out of her estate, mostly the condo, which is worth a lot of money). My brother wants to find out why we can't just get a power of attorney instead of a conservatorship. I'd like to know what the difference is, and what powers are granted for each one. Which one would you recommend? Thanks, Paul