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How do I obtain legal guardianship of my incapacitated husband?

Compton, CA |

He can not write or speak and he is in the hospital. His siblings are trying to take my home and are currently living there, they threw out my sister after she had lived there and took care of him for 30 years. Also, they have control of his income, he signed the documents while he had dementia and did not know what he was doing. Also, the signatures looks forge.

Attorney Answers 3


  1. Please consult a guardianship attorney. As a wife, you should have priority over your husband's siblings. Also, if you live in California - which it appears you do - it is a Community Property State and you have specific rights. You need to contact an attorney ASAP.


  2. Ms. McMahon is right. You are well advised to seek a local guardianship attorney right away.

    Rani K. Sampson (509) 663-5588 is a Washington attorney whose clients ask her to solve problems and negotiate difficult situations in real estate development, business formation and operation, estate planning, probate administration, and other matters. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.


  3. In California, you seek a Conservatorship of the Person and/or Estate of an adult. My colleague is correct in that you should have priority as the spouse. You can start by having his doctor complete a Capacity Declaration (GC-335). You can find the form on http://www.courts.ca.gov/forms.htm. But, you must have an experienced conservatorship attorney help you with this immediately.

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