Legal Question in Elder Law in California

My step mother put my 83 father in a nursing home tating his alzheimers is in such a stage that he needs to be cared for 24/7. He custom built his own home in belmont,ca and always said his wishes are to remain there until death. he owns other property in this county and can afford in home care. she took him 300 miles away and wont let his children,sisters speak with him because we want him home. she lives in los molinas and filed for conservator ther lying about his residense and not telling the court he has property in san mateo county. HELP! Is this legal. the nursing home says yes.


Asked on 2/11/11, 3:38 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

It's legal, but you can object to the conservatorship and ask to be appointed yourself. You may also want to talk with Adult Protective Services in the county he's in now. The courts generally prefer people living in their own homes if they can afford it, and frown on people restricting access to elders' families. You should hire an attorney to file objections to the conservatorship--once it's granted it will be more difficult to undo.

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Answered on 2/12/11, 10:56 am


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