Skip to main content

My sister has lost her ability to communicate . Our mother still thirves. My sister has adult children, who is her next of kin?

Sacramento, CA |

There is no power of attorney with the children or our mother. My sister is unable to write to or speak due to her condition. Her children are not making good health care choices for her due to lack of knowledge. Our mother and myself however have a medical background and could make better decisions. My sister is aware and her mind is good she can answer questions and can use an augmentive speech device now. she wants us to explore different options for he care but her children are not supportive and use the next of kin reasoning. Is there anything we as her mother and sibling can do?

+ Read More

Attorney answers 3

Best Answer
Posted

Look into filing a guardianship proceeding.
Schedule a meeting with local guardianship attorney.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Benjamin Valdez Platon II

Benjamin Valdez Platon II

Posted

Conservatorship in California for Adults. But your sister needs an appointment with with an Estate Planning attorney. So long as your sister is mentally competent and can effectively communicate then she can name her agent. Please recognize that so long as she is competent, these decisions are hers to make. If she is incompetent, or she is unable to communicate her wishes then a Conservatorship proceeding may be necessary. But you need to speak to an attorney, because it is not just a simple matter of asking a court for authority.

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

In Florida-you can have a voluntary guardianship-or perhaps sign a POA. The voluntary guardianship might be better-harder to challenge.

Benjamin Valdez Platon II

Benjamin Valdez Platon II

Posted

CA also has voluntary conservatorship (guardianship in other states). Where the conservatee (sister here) understands she needs a conservator and voluntarily consents to someone being appointed her conservator. But it is still her decision to make, and even then it doesn't prevent some interested person, mother, children, siblings from objecting to the appointment of any particular individual over the other. It is the court's responsibility in these matters to do what is best for the conservatee, even if it goes against the conservatee's wishes!

Posted

I changed your practice area to Conservatorship. You should immediately have a consultation with an attorney who does conservatorships. A conservatorship is where you are looking to control an adult. A guardianship is asserting control over a minor child. Good luck!

Matthew D Scott

Matthew D Scott

Posted

I am an attorney in Sacramento County providing services in conservatorship. You may contact my office if you have not found assistance.

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

In Florida we have a voluntary guardianship proceeding for adults-something similar in CA seems to me to be a good choice since her children are not making wise choices.

Posted

I disagree with the other two attorney answers. Conservatorship/guardianship is not appropriate where an individual can understand important issues and make decisions for herself. If you sister is aware and not significantly cognitively impaired (i.e. has capacity), your sister has the unequivocal right to make her own decisions and have them govern her care. If your sister has capacity, she also can appoint you and/or your mom or others to be surrogate decision makers through financial power of attorney and advance directive for health care. For instance, if your sister does quality POA and AD for HC appointing you, then you rather than the children would manage finances and care unless and until your sister objects. If your sister lacks capacity, then guardianship/conservatorship would be appropriate. An elder law attorney possibly with medical consult can advise on capacity. Bottom Line, you should consult a local elder law attorney ASAP. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law.

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

In Florida we have a voluntary guardianship program for adults. Since her children are not cooperating-it seems like she could revoke the POA and sign new POA's or enter a similar program in CA with the court behind her.