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My Mother is a surviving spouse of a Veteran who died at the VA due to Conservatorship rule. How can I transfer my 93 year old mother in law who has dementia, cognitive impairement, bi-polar , alheimers, constipation and diarrea, has kidney disease, cataract and seizure ? They are in the process of a reverse mortgage and never applied for any public assistance, they already drained their savings account, My Mother has advance dementia and must be in a skilled facility, What can I do ? The conservator has all the authority The caretakers are the conservators employees that costs 20 thousand a month , not to mention her other non-profit business connected with elders. Should I go to court , hire a lawyer or what. We dealing with this ordeal for a year now, and THERE IS REALLY NOTHING A FAMILY CAN DO ONCE A CONSERVATOR IS GRANTED GOD'S POWER.

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Nora, no need to hire a lawyer. The judge already ruled you unsuitable as a guardian or conservator or fiduciary. Let's face it, somewhere in the past you made mistakes that the judge frowned on. The court decides where she lives, not the guardian/conservator. The court also approves or denies home care contracts.
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Nora, first let me express my condolences on your father-in-law's passing and your mother-in-law's severe health problems that necessitate her being under the legal care of someone other than herself. In response to your question, a couple of items are at work here. In order to be placed under a conservatorship as you described both parents as being, the in-laws had to be determined to be vulnerable, at-risk, and unable to care for themselves. Judges and courts rarely appoint paid conservators if family is available and able to care for someone in an appropriate way. A conservator will use up an elder's assets more quickly than family members who are usually unpaid. For some reason, despite the 6 years of care you describe in other posts that you and your husband gave to your in-laws prior to his 10 months in a VA facility, a judge in a state probate court determined that a paid conservator was a better option for your in-laws and their assets than your husband, their son, or you, their daughter-in-law. You hired a lawyer; and even after a year, the lawyer has not been able to get the court to transfer the conservatorship to your husband and/or you or make a change from the current conservator to a different one. Which means you have not been able to present evidence (not opinion) that the current conservator is not doing things to your mother-in-law's benefit. Most elders want to stay at home as long as they can rather than go to a facility. Your Mother-in-law is being kept at home with her assets paying for her care. If you don't think her care is appropriate, go to Adult Protective Services and file a complaint against the conservator, as you indicate was done to you. By the way, being supervised for visits is normal if a conservator other than family has been appointed. There is a reason other than popularity that a family member was not chosen by the court to care for your mother-in-law. A reverse mortgage is a legal and appropriate way of getting funds to keep mother-in-law in her home. If she goes to a skilled nursing facility, the conservator will have to sell her house to pay for her care or rent it for an income at market rates before mother-in-law is eligible for Medicaid. So mother-in-law's assets will still be spent on her care, not retained for anyone else's benefit. And at the level of health decline that you describe - "My 93 year old mother in law who has dementia, cognitive impairement, bi-polar , alheimers, constipation and diarrea, has kidney disease, cataract and seizure" - a private pay nursing home with skilled nursing care will cost far more than than the $20,000 per month spent now at home. Depending on mother-in-law's condition, she may still need additional 24 hour aides to provide 1 on 1 care at a facility. A parent's assets should be used for their care at home or facility as long as possible. A court determined that you and your husband were not the appropriate ones to manage his parents' assets. That is painful and sad to hear; but if you had proof of criminal activity after conservator was appointed, you and your lawyer would have been able to appeal the conservatorship after it went into place. You have no rights in the situation now for decisions on medical care; that was decided by a court of law. Your efforts would be better spent mending fences so you can visit mother-in-law more rather than fighting with conservator or trash talking conservator. Earlier you were calling people out by name in this public forum. Please Be Careful, lawyers can work both ways if you make allegations that you don't have evidence to prove in a court of law. Having lost both my own parents, my heart goes out to you in this time of grief.
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Nora; I'm sure you'll be MUCH happier when there is no Medicare or Medicaid to pay for your parents' care.
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Nora.... please!

Have you ever bothered to READ the law entitled "affordable care act" ?

STOP getting your information from Hannity and company. Think for yourself!
And, do not spread the FauxNoise lies!
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California's aid-in-dying law prohibits the practice from being referred to as euthanasia, mercy killing, assisted suicide or homicide. It has to be at the request of a person who is deemed legally competent to make that decision and has been diagnosed as terminally ill with death coming within 6 months.
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Obama care's policy on Elders and Terminally ill was originally titled "Death Panel", now it took effect on June 9, 2016 and the new title is " End of Life". For everyone who may encounter this dilemma, search and be inform. California is the 5th State for Assisted Suicide. Conservators have been given this authority over the person and family for them to decide to administer a death pill. It is very grim and people have to be informed especially for Alheimers. I encourage for everyone to know, it is very, very sad.
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In San Francisco, there is this Conservator. Unless you experienced how the System works on Conservatorship and done research about her and past dealings with others, left grief stricken families suffer more. We have been dealing with this problem for a year now. This type of people hide behind the word "Fiduciary", google it, more and more and you will find out. Conservatorship has not been explored to people, most are unaware and Laws there no Laws for accountability. Find out,
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I'm not getting the point of all your different posts. In one post, you seem to be complaining that dad had to endure 10 months in a VA facility before he died. Now mom is ill and is being cared for at home. And it is costing money...their money.

Caring for elderly ill people is costly. Apparently your parents have the fiunds to pay for their care, which is a good thing. You say that government assistance hasn't been applied for. If you mean Medicaid, your mother will need to have only $2000 in countable asssets to be approved.

If you think that the conservator is not acting in yoour mom's best interest, or feel that there is a conflict of interest going on, the submit proof to the judge who appointed the conservator. But it sounds to me as though mom's savings are being "drained" as you categorize it, to pay for her care, which is as it should be.
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This is a court appointed conservator, yes? Did family go to court to have her conserved? You need to go back to court to get this reversed, or complain about conservator's actions.

$20,000 a month is what 24/7 in home care costs. Most agencies bill at $27. per hour.
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