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Do I need conservatorship/guardianship over my 89yr old grandmother if the family is fighting over assets?

Elk Grove, CA |

I'm the oldest of the grandchildren and my grandmother's health is deteriating. She has been taking care of her daughter(my mother) whom is on SSI for bi-polar/schizophrenia and cannot mentally take care of my grandmother's physcial/health/financial needs. The grandchildren are emotionally blackmailing her that they will kill themselves, burn her houses down, isolate her and more;however, the grandchildren are trying to get me out of the way by lying to the police and making false police reports. I'm the only male in the family left so they prey on the fact that I can't do much but express my concern and raise my voice but have no support. APS been involved but never pursuing anything. She scared to be yelled at or physically abused, mother is passive about everything and keeps quiet.

Attorney Answers 3

Posted

Meet with an elder law attorney immediately. You have serious and multiple problems that cannot be solved in a general forum like AVVO. Do this immediately.

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

I agree with Mr. Fromm. If the family is isolating her and threatening her, you also need to contact the local adult protective services agency and the local police or sheriff's dept. or district attorney's office. I'm attaching a brochure from the California Attorney General's Office that provides phone numbers (pages 22 and 30 - 33): http://ag.ca.gov/bmfea/pdfs/citizens_guide.pdf

Isolating and threats are considered physical abuse. Trying to take money or other property is financial abuse. Both are serious felonies.

Since you state that APS is not pursuing anything, you might need to raise the bar a bit ... keep pestering them. Go to the police. Go to the District Attorney. If necessary, contact your county supervisors. Or go to a local newspaper or television station. Talk to a reporter about how APS isn't doing its job. Get someone to pay attention!

Good luck.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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Posted

APS may throw the case into guardianship and then both sides can lose. Siblings, if you knew what was going on in the courts around this country, you'd kiss and make up, QUICK! www.StopGuardianAbuse.org

Posted

YES.

This response contemplates only the laws of Ohio and is not intended to apply to other jurisdictions. None of the information in this response should be used or relied upon as legal advice or legal opinion about specific matters, facts, situations or issues. Viewing it does not establish an attorney-client relationship between you and Sherrille D. Akin, the law firm of Isaac, Brant, Ledman & Teetor LLP, or any of its individual attorneys

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