Legal Question in Elder Law in California

aquiring an involuntary conservatorship

My mother is not well to handle her finances anymore without my help. She does not have the mental will to pay her bills on time and gets confused while looking at them or making phone calls. Ive helped her up to now but its getting harder for her to understand what she is paying for. I spoke with an attorney and he said my best route would to get a ''involuntary conservatorship'' over my mother.

Now the main issue is she thinks she is fine mentally but she is not. I do not have any mental evaluations to show she is not well. Just the evidance she isnt paying her bills without me. And not taking care of herself physically like taking showers or cleaning her clothes or any sort of grooming.

So my question is what do i need in court to prove she is not well?

Also she is 61 years old.


Asked on 12/01/08, 6:24 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: aquiring an involuntary conservatorship

A doctor's report is usually sought. Without that, then a series of witness declarations describing her condition and abilities, generally from family and close friends supporting your application for conservatorship. The attorney should have explained all this. You'll likely need an attorney to represent you in the court proceedings to get a conservatorship.

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Answered on 12/01/08, 7:05 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: aquiring an involuntary conservatorship

You should retain counsel to assist you with this situation. If you'd like my help, please call me.

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Answered on 12/01/08, 8:21 pm


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