Conservatorship
What happens if my mother revokes my power of attorney?
i have a durable p.o.a. for my 86 year old mother she,s recently discharged from the hospitalfrom one of many times falling etc.she has onset alsheimers which appears intermittedly and with no specific schedule she is on medication.in her usual combattive state she becomes spitefull and is now threatening to revoke my poa. where do i stand thank-you michael geserick sr.
Can my brother win conservatorship over my mother and evict us from her home?
I have my mothers POA. I have been caring for her for the last few years and even sold my home and moved in with her two years ago due to her not being able to live alone any more. We had to put her in a nursing home a few months ago. My kids and i are living in her home. I received court papers two days ago saying my brother has filed for conservatorship over my mother. He has barely even spoken to her in the last few years. Can he do that and win? Will he be able to put us out of the house? Do i need to hire an attorney to fight him in court? What kind of proof do i need to prove I'm the one that has been taking care of her?
Can my adult child become my conservator and control my finances?
Can an adult child 43 years of age become conservator and take control over all my finances and personal decisions. I just turn 70 years of age last March and live temporarily in an Assisted Care Facility as I was living alone, not eating and became very ill after two years. I am physically well except for a bit of sciatica and have all my admission records in to rent an apartment in a Senior Center, which is NOT assisted care. My Son has been very good to me helping me with financial affairs. I'm a retired Registered Nurse and he is a C.P.A. but absolutely no one takes care of me physically or in any other way. He's stated that he is concerned I will 'run out of money before you - (me) - run out of life'. I don't feel 70 years of age and cannot imagine an adult child being able to take all control away from a basically very alert, independent and capable person. (I believe he does, at times, do a lot of what I consider, threatening and desires to possess total control.) Wouldn't a Court need to evaluate an adult and make an assessment before an adult child would be given total control over their adult parent? Do I need an attorney? I ask because he has mentioned that he has talked to an attorney about this and what has brought this on, essentially, is that I shop via the Internet instead of going to the stores because I'm in pain, which becomes severe if I'm up walking around crowded stores for over an hour and also, I cannot try on clothes, shoes, etc. I bought my computer recently but began using the computer many years ago. I think - he's allowing himself to worry unnecessarily and being rather silly by not taking into account the reasons for my shopping on line. I don't know that I am going to 'run out of money' but I was raised in a different era and know my Son doesn't realize how well folks can get by when they are able to differentiate between 'wants' and 'needs'. I did NEED clothes after being so ill and having not bought many clothes during my younger adult years, when I became so weak that I collapsed and had to be admitted to the Cardiac Care Unit for four days - then after four more days in a rehab center, my adult children arranged for me to come here to this Assisted Care Facility. I WAS ill but within a few months I was able to walk with a walker, went and got my driver's license renewed and took possession back of my vehicle. They SAID at the time, 'Mom, you're too weak, too sick to drive'. And they turned out to be wrong. My Question: What does it take for Adult Children to take over total control in the form of a conservatorship of an single adult 70 year old parent? I find I really RESENT these negative, never positive - messages even though I so much DO appreciate all his help with the finances. (I don't care for numbers even though I can take care of my own financial affairs and did up until three years ago - I like sciences and have a natural bend for the arts.) I don't want to hurt his feelings but I'd just feel so much better knowing he would not be ABLE to do this to a capable, independent 70 year old woman that happens to be his mom. He has Power of Attorney that I gave to him for the purpose of selling my home and to make it easier for him to handle my financials. My account is at BOA and it is my money and strictly my own account. He has told me the Power of Attorney is limited and I tend to believe him since I DID go into my BOA account on line, changed the password, etc. They asked MANY questions before they would change the password and of course these were questions my Son would never know the answers to. He works with his Dad who divorced me after raising three children and a 35 year marriage so I tend to be rather leery sometimes when an issue like this happens to come up. Thank You.
Can I control my deceased ex-husband's life insurance for our toddlers?
My ex-husband died and left our 3 toddlers as his life insurance beneficiaries. Is there a way for me, the mother to gain control of this money? Guardian of estates and Conservatorship are expensive.
Can a person with mental health issues continue as a conservator?
Is there a standard for a person to be a conservator? Example:a person can not manage their own affairs, they quit their job after 18 years no income, forclosure on their home, has several mental breakdowns, files for mental disability and tries to continue their lively hood under Ward income. Can this person continue to be a conservator?