California Guardianship And Conservatorship Legal Questions

Would you be equally happy if your father and his new wife signed a contract not to change their wills to include each other? Your father may well not be a candidate for guardianship.  A court can only put a person under guardianship if that person is, due to mental or physical condition, unable to manage their finances or to provide for their own food, shelter and medical care.  In addition, applying for guardianship takes time and a spouse has priority.  This could easily take two years.  If your father is dying of sepsis, he is unlikely to live long enough for anyone to become his guardian.... Read More

If all you did was suggest talking to an attorney, you did not give legal advice.  In most states you could have also handed her a form of Temporary Power of Attorney for Our Minor Child(ren), which both parents can sign, allowing someone to register the child in school, take the child to the doctor, etc.  Often these are available online.  But you are right to be cautious about giving legal advice.  Our laws vary from state to state.  Their application varies from one situation to the next.  In addition, there may be complicating factors or ancillary considerations which an attorney could tease out.  Without regularly practicing in a certain area of law, it is hard to know what those might be.... Read More

A local elder law attorney can help you bring suit against your aunt for conversion (converting your mother's property to her own) and violation of her fiduciary duty (her duty to put your mother's interests first) as agent under a Durable Power of Attorney.  But please note that this may not be what happened.  Your aunt may simply have paid the nursing home. In any event, a elder law attorney can contact the nursing home to remind them that absent a history of abuse or exploitation, neither an agent under a Medical Power of Attorney nor a conservator can limit your mother's right to see you and receive calls and mail from you.  The right resides with your mother wherever she lives. You can find an elder law attorney near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys.    ... Read More

From your description, it appears that your sister asked you and the children's father to sign a Temporary Power of Attorney for Our Minor Children.  This is revocable at will.  Talk to a family attorney.  You may have to file suit or you may be able to take the birth certificates to the police and, telling them that you have revoked the Temporary Power of Attorney and your sister refuses to release your children, go get them.  Do tell her first, preferrably sending a letter certified mail, return receipt requested.... Read More

Contact a local guardianship attorney.  From your description, your brother lacks legal capacity to sign a Drable Power of Attorney. You can buy life insurance on his life or an irrevocable funeral policy without this.  The latter is preferred because it will not interfere with Medicaid eligibility while, over a certain amount, life insurance will.... Read More

Yes, you should contact an attorney. Unfortunately, if your father lives in the Los Angeles area, it takes quite a while to get into court. The attorney could try to file for an emergency temporary conservatorship to speed things up, but that increases the overall cost a bit. If, hopefully, your father recovers from Covid-19 use this emergency as an opportunity to convince him to do a trust or will and, very crucially, power of attorney. With a power of attorney, you would have had authority to contact the benefits people.... Read More

Her parents are her natural guardians.  You cannot become your niece's guardian unless both parents' parental rights are terminated voluntarily or involuntarily. If both parents sign a Temporary Power of Attorney for Our Minor Child, you can enroll you niece in school, take her to the doctor, etc.  This is revocable at will.  ... Read More

The question is not whether your daughter needs protection but whether she has the legal capacity to provide for her own food, shelter and medical care and manage her own finances.  She may be intellectually or developmentally disabled, may have suffered a brain injury or may have a severe mental illness.  From your post, it is not clear.  Please talk with a local lawyer who represents people seeking conservatorships (as guardianships are termed in California.)... Read More