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.
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