Legal Question in Elder Law in California
Attorney conflict of interest with dementia mother
Well... here it goes:
Mom signs POA to me including conservatorship if necessary. Mom's friend knows of her memory issue and takes her to bank for large withdrawal but is unsuccessful due to account password protection. Mom has no memory of why they went to bank. I file complaint with APS but no finding so far. Three months later Mom's ''friend'' takes her to an attorney for a voluntary conserveratorship. Mom has no memory of the visit or if she signed anything. Mom's elder law attorney suggests I sign off on POA and not ''fight it''.
As POA I send this elder law attorney a letter stating my concerns over Mom's severe memory issue and two letters of incompetance for financancial affairs. The next day.... her attorney resigns and we now find out she is friends with this voluntary conservatorship attorney.
Our family would like to choose Mom's conservator and new attorney. What legal actions, if any, can we take against Mom's friend? She has ties in the community so we are concerned about finding unbiased representation. How do I protect my Mom knowing many prominent attorneys in the area know each other?
Thank you so much....
2 Answers from Attorneys
Re: Attorney conflict of interest with dementia mother
You need to file for conservatorship, now. Never mind the 'ties'; your obligation is to protect your mom. As part of that filing, you will seek court orders remedying any improper transfers or actions by the others. If the case is in SoCal, feel free to contact me if serious about doing so.
Re: Attorney conflict of interest with dementia mother
You need to retain counsel and file a conservatorhip petition right now. Don't wait too long as your mother is highly suseptable to fraud.
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