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Need a conservatorship for 88 yr old mother because of sibling using her estate for her own personal gain.

San Diego, CA |

Has criminal history and incarceration for grand theft here in California and Arizona. Has been manipulating mother for years. Need to protect her finances for her alzheimers care in a facility in Surprise.

Attorney Answers 3


  1. You should hire an attorney who does Conservatorship and Guardianship proceedings in probate court. There are a number of attorneys who provide this service, depending on where you are located in the county. The court perceives conservatorship to be a fairly drastic remedy as it essentially strips the conservatee of their right to make their own decisions. As a result, depending on the powers you are seeking, you will need a substantial amount of information to justify the need for the conservatorship. You should hire someone immediately to prevent further waste of assets.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


  2. From your post, it does appear that your mother needs protection from your sibling sooner rather than later. As Attorney Cook has advised, a Conservatorship can be a drastic step, but it is sometimes necessary to protect a senior from just such financial abuse. Does your mother have a diagnosis of dementia or Alzheimer’s? Do you think she would consent to be under a Conservatorship? Are you or another trusted individual able to serve as her Conservator? If you or another individual cannot serve in this capacity, there are highly regarded private fiduciaries that can serve.

    There may be some appropriate alternative to Conservatorship. For example, if your mother has the legal capacity to do so, she could establish a trust and name someone, such as you, to act as her trustee. The capacity to plan one’s estate is a fairly low one in comparison to other capacity thresholds, such as those involving specific financial transactions.

    I strongly recommend that you, and your mother, contact an elder law attorney to discuss this further. If you have any additional questions, you can post under the “comments” section, or you can contact me directly.

    Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide general information about the question posted. I am licensed to practice in the state of California. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.


  3. Wholeheartedly agree with the previous answers. I suggest that you act as soon as possible before all her assets are gone...

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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