QUESTION
Why would a conservatorship/gaurdianship hearing be confidential where his life partner appointed agent under POA not be notified
Asked on Mar 23rd, 2018 on Guardianship and Conservatorship - California
More details to this question:
My life partner of 20 years whom i share a mobile home with and have joint bank account with i am his agent under a durable POA and one for health care. Which are on file with yolo county and his authorized rep for social security. I sent him to Mather VA hospital. He was declared incompentant and shipped to Martinez without my knowlage. Where i could no longer obtain any information about him. Then without notice to me whatsoever yolo county had themselves appointed his gaurdian/ conservator now i cannot obtain any information to challange the action of the county because its confidential. I will lose our house car everything and need to assurt myself into the countys action and prohibit them from further meddeling in our affairs. I need to find my partner who has been transfered again where i do not know and cannot obtain that information help me please
1 ANSWER
3 Awards
I'm sorry, but "life partner" is a status that has no legal weight. That's why you received no notice of the conservatorship petition -- you're not a spouse, registered domestic partner, or other legally-recognized relationship. You say you "sent him" to Mather VA hospital. If you were visiting frequently, the nursing staff should have known of your involvement, and should have been able to relay that to the public guardian.
Why will you lose the house, car, etc.? If you will lose that because you won't have your partner's income, there is nothing a lawyer can do to help with that. If he's in a nursing home or veterans' hospital, all his income is required to go to that facility. If you were a spouse or registered domestic partner, that would be steps that could be taken to help you keep some of his income while he's alive. Ultimately, once he passes you will be on your own anyway, so you should probably begin figuring out ways you can increase your own income, whether from working or from public benefits you might be eligible for.
If you're concerned about your partner's care, and feel that he really doesn't need to be in a nursing facility, and that you could perfectly well care for him at home, you could file your own petition to be substituted as guardian. Your powers of attorney should have weight in that petition, as showing what his desires were when he was fully competent. Since he's currently in a care facility, you would have to provide convincing evidence that you have the physical and financial ability to care for him at home.
Answered on Mar 26th, 2018 at 10:37 AM