Conservatorship on mom my sister filed a power of atty and trust 10 yrs ago

Asked over 1 year ago - Rancho Cucamonga, CA

my mother 84 now in a home by my sister. she had mom sign a power of atty and trust abt 10 yrs ago. my sister. eventually banned 4 of the 6 siblings from seeing mom.. mom developed demntia we had no idea. now my mom in a home we see my mom. My sister wants to ban us and threatens to remove my mom. I want to file a conservatorship so all sibling have right to vist my mom. my sister has used my moms funds over 250, 000 from the sale of her home for personal use, she has now removed my mom from her own account. i want the courts to help us and stop my sisters controllin of my mom help time is not on my side.

Attorney answers (2)

  1. William Martin Burbank

    Contributor Level 12


    Lawyers agree

    Answered . In California there are two things you can do right now. One, call the police and report your sister for elder abuse. Isolating someone from their family is a form of abuse. There may also be financial abuse. But depending on your mom's care, going through $250,000 over a ten year period is not alarming. Care is expensive. Your mom may qualify for some public benefits that might help with her care and reduce future costs. You also need to speak to an attorney who does "Conservatorships" in CA we make a distinction between conservatorship (someone over 18) and guardianship (someone under 18) other states don't make this distinction. Don't be surprised if this becomes expensive. If your mom still has capacity you may not need a conservatorship and a good attorney will be able to help. There are other ways to protect your mom from an abusive sister but a lot depends on your mom's capacity.

    Every situation is different, it is important to discuss your legal issue with a knowledgeable attorney in your... more
  2. Ruth Elaine McMahon

    Contributor Level 18


    Lawyers agree


    Answered . Please consult a guardianship attorney in the jurisdiction where your mother is living for advice. Guardianship may be the best way to go; Powers of Attorney are suspended when a guardianship is commenced. A guardian would be able to inquire into past actions by your sister. It would help if your siblings joined in the Petition, requesting that you (or one of them) be appointed as guardian of the person and property of your mother. Good luck.

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