Asked in Elder Law for California

Q: My mother in-law needs to be confined to a locked facility how do I help my wife file conservatership

What does my wife need to prove to the court and what is the best type of evidence for my wife to provide the courts to show the that her mother needs to be confined for her safety and the safety of others(her mother has he her liscenae revoked but still drives when she shouldn’t she stops in the middle of the free y to argue with her gps,

Also where does she file since her mom no longer has adress?

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1 Lawyer Answer
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
  • Elder Law Lawyer
  • Carlsbad, CA
  • Licensed in California

A: A Conservatorship is filed in the County where she lives. You can ask the judge for special powers to put her in a facility where she can be kept from wandering, but your doctor has to support it and the judge won't want to do it unless it really is the best thing for Mom; the same procedure allows you to administer more powerful drugs. I bet the judge will just tell you to take away her car keys.

The procedure (either way) involves a file of court forms, a sworn form from mom's doctor and a hearing with the judge about two months after you file (there are emergency procedures if you are in a hurry). Meanwhile, the court appoints Mom an attorney who will watch out for her interests and submit a report to the court.

Sally Bergman agrees with this answer

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