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I turned in my sister for financial elder abuse and it went in to a probate court there was no investigation done.

Hesperia, CA |

my sister was gave conservator over P&E but I was the Durable P.O.A. with the proof of the crime and no one cared.

She works LADPSS and everyone the PVP, PG along with Counsel helped hide the facts the info.was never investigated and because of the intimidation from the PG had known another member of my family ADA they harassed me and had my Mother declared unable to handle her money. Now the ties between my Mother and I have been broken after a long court battle to prevent her from the conservatoship does she also have the power to change the TRUST ? and if so what happens with the APS claim that was flied? the public guardian never did her job and it was reported to the Supervisor who now pushed back on her desk while the PG is no longer working there.

Attorney Answers 3

Posted

Fraud and misdeeds in the conservatorship system are a challenge. Typically, there is at least some level of negligence and/or complicity by various responsible officials. Having prosecuted what was probably the most significant conservatorship fraud case in California history with a former law partner of mine, I can imagine your frustration.

If what you allege is true and I read it correctly, then yes, the appointed conservator can undertake to change a trust benefitting a conservatee. The conservator can also modify your durable power of attorney if she has not already done so.

You (and your mom who I suspect may be unable to act for herself) may have rights and remedies, and might well benefit from the assistance of legal counsel in trying to work with Adult Protective Services and/or local law enforcement, including the district attorney's office. Hiring a lawyer for that assistance will not be inexpensive, but may be in your mom's best interest.

When I respond to a question posted on Avvo, I provide information for a general purpose. In reviewing my answer, you are specifically warned that your use of, or reliance upon any response that I provide would be a bad idea. I do not have all relevant background or facts related to your matter, and am not in a position to give you legal advice. Further, your review, use of, or reliance upon any response by me does not establish an attorney-client relationship between us and does not qualify as a legal consultation for any purpose.

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Posted

It sounds like you are just venting because there is no question asked. I am sorry you had this bad experience. There is nothing worse than a family battle.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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Posted

your right but I've been going crazy because I'm not a Lawyer the facts are easy to see but hard to say for a layman to the LAW. So thank you Sir. Timothy Wayne

Posted

I do not see an actual question presented. I understand that this appears to be very frustrating for you. If you are having issues, you should consider consulting with a local elder law attorney to look into your allegations and provide you with guidance and direction, if appropriate.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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