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My Mother - who is 82 has recently been diagnosed with

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My Mother - who...

My Mother - who is 82 has recently been diagnosed with dementia and has progressed over the last 5 months ,I should mention she has been diagnosed by three doctors, On April 29 she signed a durable power of attorney over to me notarized and witnessed, We also have a family trust(recoverable) in which i am named as successor trustee should any one of the settlers Mom or dad be deceased or not competent my father passed away ten tears ago Problem is she has been living with a man for 8 years they dont share a bank account and keep finances separate , we recently has a falling out with him and he took my mother and married her, under undue influence , now he is trying to file for conservatoire he is 87 and my mother has considerable more income and assets than he has , Question(s) can he revoke poa , change the trust and seek guardianship in California , Also i am actually named as co- trustee after an amendment in 2015.Banks have recognized my trust and POA as valid while moving money to protect my mothers assets now he filed a temporary restraining order against me and my wife, What to do ?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

Medical reports , Durable POA , Trust and several statements from friends and family and bank records that he is depleting her estate

Submitted: 7 months ago.Category: Estate Law
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12/2/2017
Estate Lawyer: RayAnswers, Attorney replied 7 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,244
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 7 months ago

Conservatorship here trumps a POA. You need to locate your own California lawyer to contest all of this.Certainly you have great facts in all of this but you will need a lawyer as it is clear he is trying to move in and take away her finances and take over the trust if he can.This is the point you have to fight for your mo and your inheritance.

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Estate Lawyer: RayAnswers, Attorney replied 7 months ago

There are various types of conservatorships depending on the needs of the conservatee:

1. Probate Conservatorships
These conservatorships are based on the laws in the California Probate Code. They are the most common type of conservatorship. Probate conservatorships can be:

  • General Conservatorships — conservatorships of adults who cannot take care of themselves or their finances. These conservatees are often elderly people, but can also be younger people who have been seriously impaired, like in a car accident, for example.
  • Limited Conservatorships — conservatorships of adults with developmental disabilities who cannot fully care for themselves or their finances. Conservatees in limited conservatorships do not need the higher level of care or help that conservatees in general conservatorships need.

When a conservatorship is needed right away, the court may appoint a temporary conservator until a general conservator can be appointed. The request must be filed as part of a general conservatorship case, and can be filed either at the same time or soon after the general conservatorship case is opened with the court. The main duties of a temporary conservator are arranging for the temporary care, protection, and support of the conservatee, and protecting the conservatee’s finances and property.

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