My mom has under $20,000 in cash, no real estate, household furnishings, vehicles, or other property. She was living alone in a studio, low income senior apartment complex, for about 2 years. Her income exceeded the amount to qualify for the studio, but the manager of the place overlooked that fact and she was allowed to stay until the owner found out and then they told her she had to move. She was not aware of this until about a month ago. She was told by her conservator that they found a real nice place for her and she would be able to save at least 2 grand a month. In the last 3 months she became overweight and immobile. She has pain in her hip and knee from an injury sustained years ago. She had been laying in her own bed and then was put in a nursing home to aide her in walking again, in the meantime was given a very strong pain killer, that I'm sure prevented her from moving around. Ultimately she has been laying in a bed for 2 months on her back having 2 people to get her up to use the bathroom. The facility she was at told her that they could not care for her anymore due to what , I really don't know. I don't understand this saving of her money and not letting her spend it, Also she has been paying out of pocket for medication , non emergency ambulance and now private pay nursing home at 6 grand per month.She has 2 types of health insurance . I don't understand why the conservator wouldn't have got her supplemental health plan and perhaps another that would pay for her medication and oxygen. We still don't know why she requires oxygen. After we found out about the apartment, we have lost our trust in the conservator, because they were aware of her not qualifying for the apartment. I would like to see copies of the accounting to verify where my mothers money is being spent. She had requested a copy of her bank statement over a week ago and still has not received it. So that makes us even more suspicious. On a good note since my mom was put in another nursing home closer to my family and ,physically has started to improve. My children and I visit every day and encourage her to do as much as she can to get back walking . Which is something the conservator and the staff at the other place failed to do. I believe they were keeping her doped up so that would make her easier to manipulate and to "cooperate as they put it. They stopped giving her money and a choice and purchased things ,clothes and miscellaneous items for her, often times did not fit had to be returned or was not something that she liked. Can my mother request copies of phone , cable ,rent ,health insurance,premium, bank statements and any other expenses, receipts without going to court? I appreciate any help out there and best wishes to all with same or similar problems.
There are two types of conservatorships: Lanterman Petris-Short (Lanterman Petris Short act of 1967, referred to as LPS) and Probate conservatorships. They are governed by the state's individual laws. In California, they are governed by the California Probate Code, and Welfare and Institutions Codes. Some states or jurisdictions refer to it as a guardianship, or even a trustee, instead of a conservator.
I was under then impression once a guardianship is in place all DPOA and POA are null and void. The guardian has absolute control.
Please correct me if I am wrong.
From the Internet:
A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person,
I thought a guardian had all manner of records to maintain, and could be held responsible
I advise getting knowledgeable answers from you attorney
2. See if you can get your mum to agree to give you Enduring Power of Attorney and Medical Power of Attorney. (My dad's solicitoradvised him to do this way before any issues with his medical or mental state diminished. Really advisable!)
Who is the Conservator? Something definitely dodgy sounding here. At best I'd say they are not up to the role. At worst this reeks of misappropriation/dereliction of duty.
You sound absolutely adorable, so so hlad you have mum near you now. (Difficult to grt them to agree to move when elderly... even thiugh they don't ho anywhere or see anyone, they like to stay in familiar town! Trying to persuade dad to move closer but he really can't face/doesn't want to move out of his Big House because of the upheaval (overwhelms him), and the happy memories. Understandable. I'm not pressuring him. Working slowly and gently on decluttering the house so tge idea of moving is not such an issue, then we will see. Just makes me so sad that I can only see him on Sundays, and I know he is lonely since mum died, a nice Warden Assisted flat in my town would be so good for him. He could see me and my son (his beloved grandson!) every day if he wanted.
But sorry, I totally digressed there!
Glad your mum is near you.
Hope you get this sorted by Elder Lawyer!
Get control of the wheel and move forward.
Good luck!
I'm so happy that your mother is doing better. You seem to have identified the problem and taken steps to correct it. Good nursing homes can do very well with people like your mother. Bad ones - well, you saw that. I'm also glad that she's closer to you now so that you can visit and keep an eye on her.
It does sound as if the conservator was ill-informed or just plain manipulative/dishonest. Whatever the case, you may need to ask an elder law attorney for help. That doesn't mean you'd have to go to court but it seems to me that this is a situation that will require legal help.
Please keep us posted on how this is going. You've got a lot of stress with this money issue but your mother is better so that's a huge plus.
Carol