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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1121
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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My dad and his 2 brothers must have tricked my grandma into

Customer Question

My dad and his 2 brothers must have tricked my grandma into accepting treatment from a Dr at a rehab center that won't discharge her. My stepmom wanted to kick her out of the house my grandparents built together. My dad and stepmom took over 5 years ago and used up her savings account. She has a bad hip and now it's getting worse. She wants out bUT can't go back home the 3 sons all withholding whatever plans they have with her basically they are just not telling her but she gets it they want her under Dr's orders so they can leave her there to die. She may have started going crazy losing her mind and probably they will say she has memory loss and why would they lie? To keep their inheritance without giving her a home or her freedom as she reaches her end she has not been given a chance to be her own person she is constantly yelled at watched and ridiculed by my stepmom and my dad is to blame. Treats wife like she is an angel and his mom like crappie.
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
Is there a way for her to have her legal powers and access to her share of community property and legally have someone really explain what is going on with her and how long she needs to be where she is.
Expert:  FamilyAttorney replied 4 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes – I’d like to review your question for a minute and then I’ll be right back.

Expert:  FamilyAttorney replied 4 months ago.

I'm really sorry to hear this. Situations like this are horrible, and they happen all too often. You're terrific to want to get your grandmother out of the mess they put her in.

If she is not competent, and goes in and out of lucidity, then she will not be able to do a power of attorney to you or even a will -- I don't know if she already has either?

However, in California, a legal guardianship for an adult is called a conservatorship and can only be established by an order of the probate court. A conservator is appointed for another adult when the probate court concludes that the adult, or conservatee, cannot manage his finances and personal affairs. This might be the best thing for her and for you. You'd be the guardian for her (conservator) and you would get to make decisions affecting your grandmother. You can have her where you think she needs to be, and you can request access to her accounts so you can handle her financial affairs as well. For her to get her property, she can do so, but if she has to sue for it, the conservator can sue for her if needed. You would need to ask for a few things -- to petition to be the personal conservator (daily living, long-range plans) and to be the conservator of the estate (financial matters). You could also petition for special powers for a person who may have dementia.

The only problem with this is that it is a public proceeding and your dad and uncles can challenge this, so you may be pitted against your family. That's up to you. There are other ways to go about this -- you can petition to get another person as a conservator for her and then you wouldn't be the conservator but it would be a neutral person who is sworn to look out for her best interests.

These are the alternatives that you have here.

If she is lucid at all, then she can give you power of attorney, but you will have to prove that she is lucid when she did this. She may be better off with conservatorship, which is what other people in this situation tend to do.

Expert:  FamilyAttorney replied 4 months ago.

I hope that this works out. I feel so badly for your grandmother and I hope that they will stop their behavior. If there's a court order, they will have to.

Please let me know if you have any more questions as I am happy to answer them, and let me know if you need a lawyer – I’ll be happy to find some lawyers for you.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars) and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find a lawyer. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated. Thanks so much!

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.

Thanks for letting me help you tonight!

Expert:  FamilyAttorney replied 4 months ago.

I'm going to sign off now but I'll be back later. If you want to ask more questions please feel free to do so, or if you'd like a phone call later just let me know. I'm happy to answer anything.

Expert:  FamilyAttorney replied 4 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you. Please let me know if you need more information.

NYFamilyLawyer

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