Legal Question in Elder Law in California

How can I become the guardian of aging grandparents to put them into assisted living when a live-in family member can no longer provide appropriate care?

Asked on 9/21/12, 9:39 am

3 Answers from Attorneys

J. Caleb Donner Donner & Donner
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First, you would want to see whether they will go voluntarily. Assuming, however, that they are not willing to do so you would have to seek to be appointed as their conservator. This is a court proceeding where evidence would have to be presented about their condition that they cannot care for themselves/each other.

Medical testimony is going to be required from a competent physician.

Let me know if you would like to discuss this.

Sincerely,

Caleb

[email protected]

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Answered on 9/21/12, 9:47 am
Terry A. Nelson Nelson & Lawless
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By filing for a conservatorship or guardianship in court, seeking legal authority to make care decisions for them. If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 9/21/12, 1:33 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard
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It sounds like a family member is assisting your grandparents at the present time? Is this correct? Even if your grandparents need assistance, this does not necessarily mean that they are incapable of making their own decisions. Are your grandparents still mentally competent and able to make decisions for their own wellbeing? If so, a conservatorship may not be the appropriate means to accomplishing their goals. A conservatorship is a protective court proceeding. In a conservatorship of the person, a court-appointed fiduciary, the conservator, manages the personal care of a person who cannot properly provide for his or her personal needs for physical health, medical care, food, clothing, or shelter. In a conservatorship of the estate, a court-appointed conservator manages the financial affairs of a person who is substantially unable to manage his or her own financial resources or is unable to resist fraud or undue influence.

If your grandparents have legal capacity and are just planning in the event they are no longer able to make their own decisions, they should set up an estate plan that would include a trust, will, financial powers of attorney and advance health directives. Your grandparents could name you as the trustee (or successor trustee, if they are still able to act in this regard), provide you, or whomever them choose, with the power of attorney and advance directives.

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Answered on 9/21/12, 2:15 pm

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