What is grounds for conservatorship of Mom?
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 Answer
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