Legal Question in Elder Law in California

Re: Conservatorship

Is there a trust or a power of attorney? That would be the best way.

Other ideas is to deposit in her account and if her account is joint.

Re: Conservatorship

Until the court designates you as a trustee or guardian (assuming she did not when she was of sound mind), you cannot cash her check without assuming some risk/liability.

Re: Conservatorship

This is a classic question. Ideally, your mother should have given someone she trusts a durable general power of attorney before she lost her mental capacity. If she did, the agent with the signed power can negotiate the check, pay her bills, etc. without having to establish a conservatorship. If not, someone interested in her well being (like you for instance) can file an action for the court appointment of a conservatorship over her body and over her estate. Once that is established, the conservator will be able to do what is needed.

Unfortunately a conservatorship comes with substantial cost. But, the cost will be paid from your mother's estate (assets).

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