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Inheritance Vs. Conservator ship?, I was too honest to tell the Probate Attorney that he is in the nursing home!

San Jose, CA |

I am the Power of Attorney for a friend who is in the nursing home and diagnosis with dementia. Now he is under conservator ship with government. He got some inheritance from a family member that is ready to distribute. He left the money for a close friend ( will and an agreement to pay her for take care of him over the years and also he has several debts that he signed without notary). The Probate attorney said: 1) Attorney’s declaration that the Durable Power is valid. 2) Doctor Declaration as to his present mental capacity. 3/ Member of his family will need to establish a conservator ship to receive the funds. Is there anyway, his creditors and her can get their loans back?, if by law they can then how do they go from here?, should they go after the conservator ( government) or file in court?, should she file for conservator?, it would take years and very expensive?. If Doctor declaration he has dementia then what would happen?.

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Attorney answers 3


It is very hard for attorneys at a general forum to comment in cases where an attorney who has first hand knowledge has already given advice. The fact and circumstances need to be fuly laid out and explored in person and the relevant laws of the state in question must be considered. Your questions should be directed back to the proabte attorney who seems to have a handle on this situation. Anyone at this forum would be guessing so got back to this attorney to get conclusive and fact specific answers.

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Mr. Fromm is absolutely correct. I would add that as the holder of the power of attorney you must have been a close and trusted friend. You indicated that conservatorship proceedings are now in place. You may be in a position to help your friend and his family by acting on the power of attorney to avoid continuing costs related to the conservatorship proceedings. That is probably one of the main reasons why your friend designated you on the Power of Attorney. You really should return to the probate attorney to see how you can help avoid any further conservatorship proceedings and to get more specific answers to your concerns.



The Probate Attorney said he is not the beneficiary's attorney, he can't do anything about it except 3 advises and hes still hold on the fund for now, then who should they go after to ask for their loans back?, since I am no longer have the POA valid as the conservator override it. My other question is, is it by law, the beneficiary has the obligation to pay all their debts ( if there are creditors asking) before they can get the rest of the funds?. Will the funds still be on hold if I file conservator for him?, note that no one knows about his funds yet except people who is involved now. Should we file in court since conservator is the county where his nursing home is?. Thank you


Mr. Fromm and Mr. Goralka are both correct. The Avvo forum is open to just about any questions. However, if you have already retained counsel, this is no longer your forum for legal questions. You should be speaking with your lawyer for guidance and direction, based on your fact pattern. Presumably, you have shared substantially more information with your retained counsel, so they are in the best position to provide advice.

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.