I'm doing estate planning. If she dies, and I become incapacitated, who decides that I am? And how would that decision be made?
There is no one single correct answer to your question. These are issues that an experienced estate planning attorney can help you sort through in the process of preparing customized powers of attorney.
In 2008, I was named in my parent’s estate planning docs mentioned above. In 2018, my parents had already had my sister caring for them. After a couple of years, she brought in other parties, all meth addicts, like her, to help her.My parent’s savings was depleted. APS was brought in and... Read more »
No. You have no liability for events prior to you taking over.
My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I... Read more »
Contact your local Adult Protective Services office and also hire a different attorney.
Parent can't remember where they are (at times) or how they got there. Incoherent conversation (mixes things up from the past & present or never happened). Threatens to leave and we won't be able to find them. Says ugly things to the family. Returns to familiar locations several times a week to... Read more »
If your parent did not previously sign a durable power of attorney and a medical power of attorney, then you are in the unfortunate situation in which you will need to go to court to have yourself appointed as your parent's conservator and guardian.
Don't do this to your own family (your... Read more »
2 of the 3 sisters are caretakers who have medical conservatorship but conservator has temporary financial conservatorship. Now the conservator wants to be made permanent.
Probate Code 2650 allows the court to remove a non-performing conservator "continued failure to perform the duties"). Any friend of relative can petition the court for this.
Certainly if the conservator wants an "upgrade" to their status, anyone involved can appear at the court hearing... Read more »
I have noticed my grandmas fadituary now bought my grandmas property. Is this legal? this woman has almost killed my grandma destroyed her life now this!
more info needed.
consult with a real estate lawyer asap.
Do I need to do conservitership, at what time and for what reason since we are her natural parents?
You do not need a conservatorship until the child turns 18. The conservatorship then will allow you to still continue to make all of their decisions for them as you care for them. The process takes 3 or 4 months so start early. Many places can provide you with help at that time; here in San... Read more »
This person, manipulated her father along with her husband, became POA, Caregiver and Trust executor. Self dealing, controlled all assists, withheld family from seeing their father.
I think you're in California. I would think you'd want to contact the Department of Adult Protective Services. There should be at least one office in each county. Then you should talk to a lawyer.
Would a person on social security disability who has been diagnosed as permanently totally disabled due to mental illness (bipolar) and required to have a representative payee to manage their benefit payments on their behalf be considered a dependent adult?
This is regarding a wrongdoing... Read more »
Every case is unique and more information is needed to properly answer your query intelligently. In addition, you should NOT be discussing your case on an open forum like this.
It is always a good idea to contact a local attorney that handles these types of cases in the court where you... Read more »
They told me when there in person I did not need to. I am now reading that’s not true and I needed to file it within 30 days. One of his children of my aunt has filed for probate to be executor of estate, She knows I have his last will and testament but is ignoring it. The home is in process to... Read more »
If the property was solely in your grandfather's name, then the only way it can pass to anyone is through a probate action. If you are in possession of your grandfather's original will, it is your responsibility to "lodge" it with the Santa Clara County Clerk within 30 days. I don't see how the... Read more »
She is selling a house that is willed to me. i know she is steeling assets i have not had an accounting of the trust since she took it over can i do anything i can only afford a few thousand dollars.
I would also like more info so i can do my own will at one time the estate was worth more... Read more »
Your sister cannot change your mother’s will.
If you suspect that your sister is mishandling your mother’s affairs find a trust litigation attorney in your area to talk about filing a petition to have her removed as trustee if you have sufficient proof that she is stealing assets.
Is there a way she or I can take out a loan on her home so she can stay? So we can pay her home health care workers come and have all her food and bills paid?She owns her home and she had given me her other home that I lived in for 15 years.My son has lived with her for 2 years and has been taking... Read more »
There are different options.
Many people use a reverse mortgage to take money out of the value of their house. It is basically a loan with the house as collateral and you never make payments. You keep living there and in the end, the bank gets their money back, plus a bunch of interest,... Read more »
So how long would this process take if we assume the other heir won't say anything, no arguments from the other side? After i TRY to quiet title and ask to exclude this asset from the estate forever, using probate code 850.... oh wait, i forgot i dont only wish to quiet title inorder to correct the... Read more »
An uncontested case would probably take about a year. A contested case would probably take two to three years. I hope that this answers your questions.
I have a court order to gain access, LAPD did not want me to enter because I would be in harms way although she was not violent she had barricaded the doors & windows, 3 officers pushed the door open 12", APS said I do not need to gain access she looks fine & does not want me in the house. I was... Read more »
Serve written notice on the conservatee of your request to enter and keep copies. Document the attempts that you make to enter the home and make repairs.
Try a different approach, or send a different person? It may seem a bit heavy-handed to come with police officers.
The... Read more »
This situation is very complicated.i have made elderly abuse report .gotten advice fro.jaime gallardo from legal aid
But nothing happen
This was like in 2011 or 2012.meanwhile a brother I have living at my mother bulked.her for $29,000. From her checking account out permission... Read more »
If your mom is competent, she can simply send her nephew a letter informing him that his power of attorney has been revoked and then notify everyone that you’re aware of who is relying on that power of attorney that it has been revoked. If your mom is incompetent, call Adult Protective Services... Read more »
Sis wants to kick me out of the house i thought was mine given in will
If your mother had a valid Will you need to obtain a copy of the Will. The Will may have been lodged with the superior court where your mother resided on her death. If your mother owned real property in her name and not jointly and the real property has a fair market value of more than $150,000 a... Read more »
My mother is 86 and in the early stages of dementia. My brother and sister live at my mom's house rent-free, but do little to care for her. They also are trustees of her living trust (which they coerced her to get) and will not show me that document. She needs many repairs to her house (sewer... Read more »
It depends on whether your power of attorney is durable, whether your authority under that power of attorney is effective immediately or only upon incapacity, and the express powers given to you. It also depends on whether that power of attorney remains effective or has been revoked.
A questionably valid POA was signed while my dad was on many forms of life support and then a Trust was created with that POA. Money was taken and placed into the POA’s personal bank accounts and she continued to collect that money after his death on the POA. She was required to handle my... Read more »
You may have to file a petition with the probate court to seek relief. This is complex and you need an attorney. Contact an attorney in your area.
The real estate company knew this! We have been inundated with loud music and pool parties!
And he's a bully to the residents because we're older!Please help!
Sadly, the rules that keep people 55 and under are not laws, but just an enforceable agreement among the owners.
Somewhere you have a Homeowners Association (HOA) that has a set of rules and covenants (CCRs).
Did they BUY or RENT? If renting then the HOA can enforce penalties... Read more »
The case is well documented, proven and the crime has even been admitted to under oath in federal court....it seems as if there are few (none) attorneys familiar with or interested in taking a civil case involving financial abuse of a dependent adult. The Elder Abuse Dependent Adult Civil... Read more »
It is not clear what you mean when you say the case has already been "proven" in court, but the remedies of attorneys' fees and punitive damages you mention are only realized after a verdict. That means your case must be tried, which you probably know is a long and expensive pathway. If your case... Read more »
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