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.
Category: Conservatorship |
State: California |
After a petition to establish a conservatorship, the proposed conservatee must be served with notice and given an opportuntiy to attend the hearing. A hearing will be held to determine whether there is good cause to establish a conservatorship. The proposed conservatee has the right to appear at the hearing and to oppose the petition, and in the case of an alleged developmentally disabled adult, to oppose the petition in part, by objecting to any or all of the requested duties or powers of the limited conservator. The proposed conservatee has the right to choose and be represented by legal counsel and has the right to have legal counsel appointed by the court if unable to retain legal counsel.
The proposed conservatee has the right to a jury trial if desired.
As long as a principal is mentally competent, s/he can revoke a power of attorney at any time. A copy of the revocation should be given to the agent and those dealing with the agent.