Q: How do I setup a conservatorship?
I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she went into a health crisis and lost capacity. I am his eldest child and by default am on the AD now. There is no will. I have been told that she will die soon. The 5 acres with “cabin “ in Landers, CA will go into probate. His only other income is Social Security of approx. $1300 /month.
A: Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.
A: You need a California Estate Planning and Elder Law Attorney. Any property that goes to your father my be subject to a Medicaid lien for the cost of his care if he is using Medicaid to pay for his care. If the property was in his wife's name only, then it will pass to her devisees if she had a Will. If she didn't have a Will it might pass back to her surviving husband and might have a Medicaid lien attach. Talk to a California Attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.