Can a resident ofone staterequest a conservatorship for an elderly parent living in another state?

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Can a resident ofone staterequest a conservatorship for an elderly parent living in another state?

I live in CA and my father-in-law, who is 85, lives in NV. My wife and I would like to establish a conservatorship in order to place him in an assisted living community in CA. He has dementia, abuses alcohol severely, and refuses in-home health/social service assistance. He has a modest amount of savings which he is burning through by giving money away or buying rounds of drinks for everyone at his local tavern. Can we request and receive conservatorship in CA so we can relocate him here?

Asked on August 23, 2010 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The key is that the Court in which you bring the action for conservatorship must have jurisdiction over your Father-in-law in order to be able to issue an order that applies to him.  Jurisdiction is acquired in different ways but generally in serving another party with the paperwork according to the statute in your state.  Here are my concerns: he has a right to object that he is not in need of a conservatorship. How is he going to be able to travel or afford to hire an attorney from so far away?  You want to make sure that if it is granted in your favor his due process rights were in no way violated to cause an issue later on.  Another issue arises as to proof.  How are you going to prove that he has dementia?  Doctor's records?  How are you going to prove that he is incapable of taking care of himself?  Witnesses to these issues?  Aren't they all in Nevada?  It may be best and most economical for you to make the request of a Nevada Court.  You can agree to subject yourself to the jurisdiction of the court.  Get help.  Good luck.


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