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can an individual person file for a competency hearing without

 
 
 

Customer Question

can an individual person file for a competency hearing without an attorney? If a sibbling already has power of attorney over their parent can the other sibbling file as the other sibbling has denied them access to their mother I want to see my mother she's 88 years old my brother has denied me access to her for two years please advise

Submitted: 982 days and 2 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: California

Already Tried:
basicslly my brother has won I live in Michigan I do not have knowledge of the california laws

 
 
 
 
 
 
Posted by socrateaser 982 days and 2 hours ago.

Expert's Answer

Yes, an individual can petition for a competency hearing without an attorney. But, it may not be necessary, and it's probably the absolute last resort, due to cost and difficulty -- especially without a lawyer.

 

Power of Attorney is an appointment to act on behalf of and in the best financial interests of another person. It's not some blanket right to control access to someone else.

 

A healthcare power of attorney can be used to make medical decisions for someone deemed incapable of making their own decisions. But, if she is reasonable congnizant, your mother can make her own decisions. Regardless, the health care power of attorney does not give unfettered authority to restrict access to the person under care.

 

So, if you want to see your mother, you can do it, and if your brother tries to stop you, then you can ask County Adult Protective Services to investigate and see if there is something more going on. Or, you can start your own elder abuse action against your brother, or ask a court to remove your brother as your mother's agent for health care decisions.

 

Hope this helps.

 

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982 days and 2 hours ago.

Customer Reply

He has moved her from her assistant living in San Monica how do I find where he has moved her. I know in my heart she wants to see me but he is in full control of her and I'm sure he has told her if she contacts me he will not take care of her If I file a elderly abuse I live in Michigan he lives in LA he knows alot of people he also has money that I do not I do I find her

 
 
 
 
 
 
Posted by socrateaser 982 days and 1 hours ago.

Expert's Answer

L.A. County Adult Protective Services(213)(NNN) NNN-NNNN/td>

 

L.A. County District Attorney's Elder Abuse Section(213)(NNN) NNN-NNNN/td>

 

The county will find your mom, by contacting your brother and demanding to see your mom -- or, it will have your brother arrested, if he refuses to cooperate. I assume that he still lives in L.A. County.

 

If the county finds a problem, it will remove your mom to a facility for observation and set a hearing in probate court. Then you can get on a plane and come in and see your mom, and make your case to the court.

 

 

socrateaser40070.943327662

 
 
 
 
 
 
982 days and 1 hours ago.

Customer Reply

I have one more questions. If my mother who is 88 years old if she listens to my brother and decides not to see me what can I do as her daughter do I have any rights . She does want he says I;m sure if I got protective services involved it would be to no avail

 
 
 
 
 
 
Posted by socrateaser 982 days and 1 hours ago.

Expert's Answer

APS investigators are experts at seeing through the BS. Assuming that they don't think there is a problem, frankly, you will never be able to convince the probate court otherwise. But, you could still take that last step and request a Conservatorship action.

 

Only you better get your wallet out, because it will be $5,000-$10,000, because attorneys in L.A. County especially in West L.A. will be charging $350-450 per hour.

 
 
 
 
 
 
982 days ago.

Customer Reply

I need one more question answer 2 years ago my brother talked my mother into filing a elderly abuse charge against me. my brother made sure he'd win my cousins are attorneys in san diego the lawyer representing my mother is a co worker of my cousins. I live in michigan did not know the california laws i had an arguement with my mother this in turned got me charged with elderly abuse. the chage is over with but it left my brother in full contol over her. do I have a chance if I hired the aps investigators to see her I'm having a hard time understanding why she doesn't want to see me. Do I have any rights as a daughter to see her tell her I love her then if she tells me to my face she wants anything to do with me i will have to except it please advise

 
 
 
 
 
 

Accepted Answer

APS will investigate if you have a good faith report to make.

Picture
Expert: socrateaser
Pos. Feedback: 99.0 %
Accepts: 5964
Answered: 9/15/2009

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Retired (mostly)

 
 
 

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