Legal Question in Elder Law in California

''elder law'' or ''criminal law matter'' or ''?''

My mother was hospitalized about 1 year ago.Upon her admission to hospital,she had given me her wallet containing(credit cards,cash,jewelery,photos,etc)along with her car keys.Everyone(my father,my brother,his wife,myself and my girlfriend)said bye to mom and wished her a goodnight.My sister-in-law then tells me mom asked that I give her the wallet and moms keys.Then my sister-in-law almost demanded that I give her moms wallet and keys.I stated that I needed the keys to drive moms car and get into the house.(My sister had previously asked that I give her my house keys since she needed a set!My sister doesnt even live near us so why would she need keys?)No problem again only,that I didnt give her the house/car keys.To sum things up mom was placed in a conv/re-hab hospital.Mom stated that her belongings were safe with my sister-in-law.When she asks for her stuff though they tell her that I lost it.I know they still have it.They tell me that they are not sure if they still have it or that my sister now has these items.I have gone through hell regarding this.Ive almost been arrested 2 times.What can I do to rectify this situation.Do I have any protection from the accusations they have made?


Asked on 6/03/04, 6:47 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: ''elder law'' or ''criminal law matter'' or ''?''

First of all, neither you nor your sister in law have authority to do anyrthing for your mother without written authorization.

I recommend you have a neutral 3rd party, such as an attorney, visit your mother and find out her wishes.

If she is competent, a Durable Power of Attorney and possibly one for healthcare are highly recommended; I can not stress enough how invaluable these documents will be if your mom becomes incompetent or camatose at any time.

If she is already unable to make coherent decisions for herself, then you will need a conservatorship set up for her.

Finally, she should have a will and possibly a trust drawn up to dispose of her assets and hopefully avoid probate and/or some estate tax fees.

It is entirely possible that the convalescent home may have prepared many of these documents as a requirement for entry, you should also check on this.

We would be happy to assist you and your mother in making her wishes legally binding. Please feel free to contact me at my office, located in Pasadena, at (626) 578-0708 or online at our website www.No-Probate.com.

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Answered on 6/04/04, 8:37 pm


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