My question involves estate proceedings in the state of: California
As the named successor trustee for mom's living trust, I want to take away the authorities of mom's DPOA. Mom has capacity issues related to a form of dementia. Mom is in good health otherwise. My daughter is mom's DPOA. Mom is removed from her own home in CA and is residing with my daughter in Oregon. This arrangement came to be last Nov. because APS in mom's town gave an ultimatum that either mom go with my daughter or else APS would put her in a state facility and sell her house to cover expenses. Mom was unsafe in her own home with two other of her adult children acting as her live-in caregivers. For the preceding 2 1/2 yrs, when mom became incapacitated, both caregivers continuously abused mom. After numerous complaints, police reports, and an attempt to remove them with a restraining order, APS came in and made this ultimatum.
My daughter, with good intent, assumed the role of caretaker. Mom's previous caretakers, my younger brother and sister, still live in mom's home and mom still pays the bills. Now, after 1 1/2 months, my daughter is going to place mom in a nursing home. I asked her to let me take over to avoid mom being placed in an institution. She has refused me stating I wouldn't be able to do this either. My thinking is mom could live with me while I have brother and sister removed. Then move mom back into her own home with me as live-in caretaker. I'm looking for legal help, because this is so convoluted and twisted, no one will touch this. Lastly, mom is not bad off enough for a nursing home. She is clear in the moment and understands the situation. Mom just has a problem with short term memory and will forget the next day. I looked into conservatorship, was told cant do this without a lawyer and it would be a minimum of $10,000.00. Neither myself, mom, or her estate have a lot of money. I'm looking for direction, advise, referrals, anything to help me get mom back in her own home to live out her days comfortably as I had promised her.
Thank You
As the named successor trustee for mom's living trust, I want to take away the authorities of mom's DPOA. Mom has capacity issues related to a form of dementia. Mom is in good health otherwise. My daughter is mom's DPOA. Mom is removed from her own home in CA and is residing with my daughter in Oregon. This arrangement came to be last Nov. because APS in mom's town gave an ultimatum that either mom go with my daughter or else APS would put her in a state facility and sell her house to cover expenses. Mom was unsafe in her own home with two other of her adult children acting as her live-in caregivers. For the preceding 2 1/2 yrs, when mom became incapacitated, both caregivers continuously abused mom. After numerous complaints, police reports, and an attempt to remove them with a restraining order, APS came in and made this ultimatum.
My daughter, with good intent, assumed the role of caretaker. Mom's previous caretakers, my younger brother and sister, still live in mom's home and mom still pays the bills. Now, after 1 1/2 months, my daughter is going to place mom in a nursing home. I asked her to let me take over to avoid mom being placed in an institution. She has refused me stating I wouldn't be able to do this either. My thinking is mom could live with me while I have brother and sister removed. Then move mom back into her own home with me as live-in caretaker. I'm looking for legal help, because this is so convoluted and twisted, no one will touch this. Lastly, mom is not bad off enough for a nursing home. She is clear in the moment and understands the situation. Mom just has a problem with short term memory and will forget the next day. I looked into conservatorship, was told cant do this without a lawyer and it would be a minimum of $10,000.00. Neither myself, mom, or her estate have a lot of money. I'm looking for direction, advise, referrals, anything to help me get mom back in her own home to live out her days comfortably as I had promised her.
Thank You
Revoking a Power of Attorney: How to Terminate the Authority Granted by a Durable Power of Attorney
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