What are the rights of adult children that want to care for their mother?

There are a couple of approaches available to you. As your mother's child you have a high priority to serve as her Conservator. In your sort of situation your best and fastest relief may be to retain a local attorney, file for a temporary or permanent Conservatorship over you mother. Use the immediate post filing subpoena powers to find out where your mother has been placed. On request after appointment as Conservator the Judge can cancel the outstanding powers of attorney. Before taking this path you may want to to consider your mother's likely reaction if she does deeply favor this apparently interloping couple.

An approach less likely to offend your mother is that you can, with the help of a qualified attorney, file under the probate code sections dealing with powers of attorney to get the information you need to protect your mother from exploitation or abuse under those powers of attorney. This approach does not start with the assumption that she is incompetent and therefore may cause less conflict between the two of you.

The situation sounds heart rending -- good luck.

Very truly yours,

Joel S. Weissler
Attorney at law

Weissler Law Group
3333 Camino Del Rio South #235
San Diego, California 92108

Phone: (619) 281-1888

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