What to do if my mother has been incapacitated by a stroke?

My mother recently had a stroke and now has global aphasia which makes her incapable of understanding situations she is in and unable to speak or comprehend and follow directions. She is married but was seperated before going into her operation. She went through child support which shows that she was on the verge of filing for divorce. Her husand has had no type of action in any of her recovery process and I’ve been doing everything on my own. I do think that she should still have right to her property and things in her home even though she is in my full care now. I don’t know if there is any way that I can be able to claim her part of property on her behalf. I am now her representative payee but I am clueless on other things that I can legaly do for her.

Asked on July 28, 2012 under Estate Planning, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

First you need to have yourself declared your Mother's conservator.  There are two types of conservatorships (conservatorship of the person, and conservatorship of the estate).  You will need to file a bunch of legal paperwork to be made a conservator.  After you are declared conservator, you would be able to file for divorce and ask for spousal support for your mother. 

You should consult with a local family law attorney.  If you are in the Ventura County Area, I would love to help you out with this matter.  If you are elsewhere, contact a local family law attorney.


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