care giver for mom needs help

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care giver for mom needs help

My mom 97 is not getting the help she needs because her dishonest granddaughter trustee successor is not taking care of responsibilities. I am the care giver and am trying to get medi-cal but need documents from her granddaughter and am being ignored. There was, also, a problem with medical bills and I had to step in and take over because of lack of response from granddaughter. I’ve called my mom’s lawyer and trustee but no response. It seems that I have no power. My mom has dementia and can’t make decisions as she has tried to change her will but her lawyer didn’t feel she was of sound mind to do so. I am wondering if there is anything I can do?

Asked on December 5, 2016 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) If your mother is mentally competent, there is nothing you can do--she has the right to let the granddaughter manage things, even if she is doing an awful job.
2) If your mother has already been declared mentally incompetent and there is a legal guardian for her and you believe that guardian is not protecting her interests, you can file a legal action to possibly have that guardian removed for breach of her fiduciary duty and be replaced by someone else (like yourself).
3) If your mother has not yet been declared mentally incompetent but you think she is (and can be proven incompetent, by medical testimony or evidence), you can bring a legal action to have her declared incompetent an someone (e.g. you) appointed guardian, with power over her affairs.
Note that 2) and 3) are complicated legal actions--this is not like filing a small claims suit. If you wish to explore those options, you are strongly advised to get legal assistance. You should consult with an elder law attorney about the situation.


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