Los Angeles, CA asked in Family Law and Elder Law for California

Q: Could I gain legal guardianship over my mother who has alzheimer's even though she's still married to my father?

My mother has alzheimer's and wanders out of her yard into the neighborhood but my father is in denial about her condition and puts her in dangerous situations. He refuses any help from the family. Is there a way where my brother or I could get legal guardianship over my mother?

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2 Lawyer Answers
Mike Darlington
Mike Darlington
PREMIUM
Answered
  • Redding, CA
  • Licensed in California

A: You can apply for conservatorship, but should consult a professional in that area as they can be complicated matters in certain situations.

Jeffrey Louis Gaffney agrees with this answer

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
PREMIUM
Answered
  • Elder Law Lawyer
  • Carlsbad, CA
  • Licensed in California

A: Conservatorship is a big step. It takes months, you need a doctor's opinion, and if your mother objects to it then you will not get it granted without a fight (a trial). If your father opposes it, then you have a different fight but still a family mess.

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