Q: Can county put mother in a home and take estate through court conservatorship based on an undocumented diagnosis?
County is trying to put my mother in a home and take our family estate by court order conservatorship. Temporary conservatorship granted. Hearing for permanent is on June 24th. I am at loss as to what to do. They have provided no understandable explanation as to details, although I have requested many times. They base their case on a non-existing diagnosis of dementia. In the initial hearing the judge did not even hear what I was telling him. I'm scared. Most of all my mother will die if put in a home. We live on a limited budget and cannot afford an attorney. We were given a public defender however after canceling a scheduled meeting, we have not heard anything further from him. Also the property and home she lives in and the mortgage are in her name and mine. We have a family trust but mom cannot find it. I have paid the property taxes for at least last 6 years, taking loans out on my 401k to do it. Can they take the property?
A: They can’t take the property away from you if that’s what you’re wondering. Mom has a partial ownership interest in the property and so do you. The court can’t take away your interest in your home without affording you due process of law (notice and a hearing). A conservator could request the sale of the home if cash were needed for your mom’s care, but you would have an opportunity to object before that would ever happen. If the home was ordered sold, you would still receive your share of the equity in the home.
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A:
First, no matter what happens, go to the hearing on June 24, with or without an attorney and tell the judge you are objecting and ask the judge to give you more time to file written objections. If you don't have an attorney ask the judge to continue the hearing until you do get an attorney. If you have an attorney but don't like her or him, then ask the judge for more time to get another attorney.
In the meantime, go to the courthouse before June 24th and ask where the conservatorship court records are kept. Ask for the file. Make a copy of all documents in the file. It should cost you 50 cent per page. Even if you don't understand all the papers, you are going to need all these documents to show to your next attorney. By getting the documents now you will save time. When you read them you may be able to figure out what is going on. At least you can start figuring it out.
In the meantime if you think your mother does NOT have dementia, take her to a doctor NOW before June 24th and ask the doctor to give her a dementia test. Tell them you need a letter from the doctor with a copy of the dementia test to take to the judge on June 24th. Try very hard to get this done.
If you do get the new report at the hearing tell the judge you want to file written objections and you are requesting more time to file them. Make copies of the report and letter and waive them in front of the judge saying that you would like to introduce them into evidence. This is not the proper way to do things, but the judge will realize that perhaps he or she should wait until you file your objections and give you a continuance. If you do not ask for a continuance, you won't get one. If you do not ask to file written objections, you won't be able to. This is no guarantee the judge will grant your requests.
Also in the meantime, call at least three attorneys who do conservatorships. If you don't have money ask the attorney if he or she will wait to file a claim for attorneys fees against your mother's estate. Not all attorneys will do this. Keep calling.
Also go to the office of the "public defender" who was assigned to you before the hearing, taking all the court documents and the letter from the doctor and the dementia test and ask him/her to help you. That lawyer is probably very busy, so make it easy for them.
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