Asked in Family Law and Elder Law for California

Q: How to become my moms legal Gaurdian at her request am already her dopa

Am her rep payee durable power advance directive is there a simple fast way to do this in court since she is asking me to do thia for her shes 71years old ssa labels her incompetent

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1 Lawyer Answer
Carol A Fauerbach
Carol A Fauerbach
  • Elder Law Lawyer
  • Folsom, CA
  • Licensed in California

A: A "legal guardian" for an adult is referred to as a conservator. If your mom has already designed you as her agent through a durable power of attorney and advanced healthcare directive, and these documents are sufficient to allow you to handle her finances and make medical decisions on her behalf, then you may not require a conservatorship. However, if you find that these documents are not sufficient, your mom may lack capacity to amend those documents and a conservatorship may be needed. If your mom is agreeable and tells the court that she wishes to have you as her conservator, and if there are no other reasons that the court or other family members would object to the conservatorship, this should be a fairly straight forward process. It will, however, involve court involvement. You should seek the advise of an attorney that handles conservatorships to get more facts regarding your specific matter and to advise as to how to proceed.

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