Legal Question in Elder Law in California

Best home for Mom

My mother was recently discharged from a mental facility after a nervous break down. My two older sisters have taken it upon themselves to make all the decisions for her. She is staying at my sister's house in Ca. and we are not allowed to call and speak to my Mom because my sister says that it upsets her too much. We are completely in the dark as to how she is being treated medically. I live in Texas, but before her hospitalization, I flew out to CA for three weeks, and then a month later drove out there for over a week. My sister is bipolar who is taking care of her. I would love to go and pick up my Mom and bring her to Texas, but I have been told by both sisters that they wouldn't allow it. What are my legal rights?


Asked on 6/19/09, 11:52 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Best home for Mom

If you can get the controlling sister[s] to let the mother leave, and the mother doesn't object, you can take her. If no agreement is reached, and you need a court order to do so, you have to file for guardianship or conservatorship over the mother here in CA courts in the county where she resides. You would have to convince the court that what you propose is in the best interests of the mother. If serious about doing this, and if the case is in SoCal courts, feel free to contact me.

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Answered on 6/22/09, 1:43 pm


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