My prep school, Ivy league brother tole hundreds of thousands of $$$ from my 85 year old mothers life savings. He is out on bond for two felony accounts of elder abuse. No restriction was placed to prevent him from going back to my parents home. He returned and then proceeded to pretend to be my dad and redeem his life insurance policy. So now add insurance fraud. He still remained there and pawned their flat screen television. Both my mother and father's guardian/conservator are not that sophisticated and don't know what to do. Likewise the Chief of police.
Can I file in Probate Court (who handles their custodianship) a Motion to Have my brother removed from their home as he keeps stealing and intimidating him?
Bless you wise attorneys
File a report with Adult Protective Services. Have the conservator file for a restraining order (or you file to replace the conservator).
You should immediately contact Adult Protective Services and advise them of this situation. They will likely relay the information to the court investigator's office who follows the actions/inactions of conservators. As well, they will likely also contact the DA's office who can move to revoke the bond as his conduct is surely a violation of the bail. If you do not see immediate response, contact an elder law attorney to assist you.
If your parent's have a guardian or conservator, it is that person's duty to protect them and handle the situation. I am sensing the the parents are reluctant to press the issue? If so, then this is a complicated family matter. If you feel strongly about it and cannot persuade the guardian's to act, then you can petition the court through a lawyer to be their guardian. I would first consult with an experienced CA lawyer with whom you can share all the facts and be properly advised.
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