Rancho Cucamonga, CA asked in Elder Law for California

Q: Is it wrong for my father in law to be in an assisted living home?

I have a durable poa for my father in law and his grandson has medical poa. He put my father in law in an assisted living home and is paying by writing check from his social security checks every month. I did not know or approve of this procedure ans from what i understand i am supposed to agree with the decision to put him there.

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1 Lawyer Answer

A: If you are not pleased with the situation, you need to file for a conservatorship, either of the person or property of your F-I-L. It isn't an easy procedure, you will need a Guardianship/Conservatorship/estate attorney. This will give the Court jurisdiction over the way father's social security checks are being handled and where all his money is going. Unless, you are cooking the goose that is laying the golden egg- by that I mean if the son is paying out of his pocket to keep dad in the home, that is the golden egg. I assume that he is there on the recommendation of his physicians.

Because when you have a conservatorship, there are a lot of extra fingers going into that pocket for some of the money; And I bet that dad does not have a bunch of it. The key word here is "CONSERVE". Conserve his funds and assets. If son is assisting him, then better you not gripe. Just one person's opinion.

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