Legal Question in Elder Law in California

Conserveratorship with undue influence

Hi,

I took care of my mother for 3 years before she had to be placed in assisted living. Six months later a friend of hers took her to an attorney for a conservatorship. Because she has been declared incapacitated, she was told she has to mark the box that says 'undue influence'. This same lady who wants my mother conserved took her to her bank and tried to withdrawal her large savings. We filed a complaint with APS but, instead, has been investigating us on statements/lies from her friend. My question is should I sign something that says 'undue influence'? I have all receipts and records while taking care of my mom. I just believe this lady is preying on my mom and my mom believes whatever she says.

When we go to court, can I submit my paperwork to a judge for review? Am I allowed to bring witnesses that can testify to my mom's illness and her friends attempt at stealing my mom's money? This is just so confusing and emotional. Thank you so much

Katy


Asked on 10/16/08, 10:03 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Conserveratorship with undue influence

Your attempt to represent yourself in court and blindly stumble through the highly regulated process and paperwork, without any knowledge of the law or court procedures, will likely end in disaster for you and your mother. That is why experienced attorneys exist, to do things right. Get one. If this is in SoCal courts, feel free to contact me if serious about doing so.

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Answered on 10/16/08, 1:54 pm


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