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Nate
Nate, Attorney
Category: Estate Law
Satisfied Customers: 10685
Experience:  Over 10 years of legal estate experience.
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My father who is 90 has inherited my brothers mobile home of

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My father who is 90 has inherited my brothers mobile home of which he is the next of ken. My brother passed away in July this year. I have a durable power of attorney signed by my father. He has some demincia. My sister and I have already paid for my brothers cremation and burial and he has paid nothing. Can a trust be set up by me to block him receiving all the money.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

In what state does your father reside?
Customer: replied 3 years ago.

He lives in California

You cannot necessarily set up a trust to restrict his access to the inheritance. However, if he is suffering from dementia or some other mental defect and can no longer adequately manage his affairs, you can petition the superior court for a conservatorship over him. Unlike a durable power of attorney that still allows the granter to manage his affairs, a conservatorship takes away in its entirety his ability to manage his own affairs and places it in the hands of someone competent to do so. In this situation, you would propose yourself as conservator.

The process is outlined here

http://www.scscourt.org/self_help/probate/conservatorship/conservatorship_overview.shtml

That would be the most sound way to go about ensuring the assets are not squandered or misused.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
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