What is grounds for conservatorship of Mom?

2 answers | Last updated: Sep 17, 2016
Druzana asked...

I have poa of Mom, she has alzheimers. Dad is not taking good care of her, some dementia himself. If Dad leaves her with my brother in another state is that abandonement and grounds for conservatorship?

Expert Answers

Your mother has Alzheimer's and you have her POA. You want to know if your father leaves your mother with your brother in another state whether that is "abandonment" and grounds for conservatorship of your mother. You state that your father has some dementia himself and is not taking good care of your mother.

I do not know enough about the situation to give you a definite response. First, why would your father leave you mother with your brother in a different state? Secondly, if your father did this, would you brother take good care of your mother? Third, if this happened, could you talk with your brother so that you two would agree that your mother should be returned to your (and her) state. Fourth, if she were returned, who would take care of her?

If you mother was not being properly cared for, I believe that would be grounds for conservatorship and to have you appointed as conservator. But legal conservatorship proceeding are costly (lawyer's fees) and can get nasty. I suggest you do all you can to resolve this matter by family dialogue and persuasion, before trying the last resort of litigation

Community Answers

Druzana answered...

Tthank you Denis. My parents have a 45 acre ranch about 1 hour away from me in CA and we had caregivers but Dad is difficult and kept firing them. Several had turned them into APS. Both parents were in the hospital, and Mom in Skilled nursing, their Doctor putting her there for 30 days with the understanding Dad would find a safer place. He didn't, so my brother came down from WA to take Mom to live with him. Dad decided to go also. That was the beginning of January. Mom has been in and out of hospital and rehab/skilled nursing. She is finally going to be released, but needs more care than my brother can give in his home. We are trying to find an adult home in WA for them but Dad says he is either going to bring Mom back to the ranch, or find her a temporary place in Wa and come back here himself, and then send for her.