frustrated followup

[kristianne1]

What is the name of your state?California follow-up from 8/04:
https://forum.freeadvice.com/showthread.php?t=192935&highlight=elder+fiduciary+abuse

Summary: My 94 yo grandpa (slight dementia) with 2 children is broke (although income ~$8K/mo) and owes $120K in credit because of my aunt (DPOA). APS was notified but failed in mediation attempts to get my aunt to turn over financial control and records. My dad has filed to get temporary conservator power. The hearing is today.

Please help!
- If my dad had a drug problem and has a criminal record, would the court still appoint him conservator?
- I'm not convinced that my dad will do a good job. Can I volunteer my help? If so, do I need to find a lawyer and do I need to come up with $ for a security bond?
- My grandpa has in-home assistance only M-F, 9 a.m. to 2 p.m. I think he needs more help. The hearing is only for conservatorship of estate. Will the court investigator make a recommendation for a conservator of person or would I need to file a separate petition?
- I tried getting info from APS but they claim "client confidentiality" even though my brother and I brought the case to them. I'm frustrated that they won't explain to me why criminal or civil charges against my aunt can't be pursued. Can I pursue these charges on my own? Do tax evasion charges apply since my aunt made my grandpa pay taxes on all the $ the property generated even though my aunt pocketed the cash? (BTW, my aunt held title to the property with a life estate clause for grandpa)

TIA! This is a difficult situation because my grandpa doesn't believe/understand/care (?) that my aunt has taken all his money. Part of me wants to just let it go as that may be the most painless route for my grandpa. He feels most comfortable with her. My brother (a cop, of course) feels that charges should be pressed because our aunt clearly broke the law, but he also knows firsthand that if the victim refuses to cooperate there really isn't a case.

 

[BlondiePB]

Summary: My 94 yo grandpa (slight dementia) with 2 children is broke (although income ~$8K/mo) and owes $120K in credit because of my aunt (DPOA). APS was notified but failed in mediation attempts to get my aunt to turn over financial control and records. My dad has filed to get temporary conservator power. The hearing is today.

Why did you wait until today, the day of the hearing, to post for assistance?

- If my dad had a drug problem and has a criminal record, would the court still appoint him conservator?

Not when the court knows about his drug problem and criminal record.

I'm not convinced that my dad will do a good job. Can I volunteer my help? If so, do I need to find a lawyer and do I need to come up with $ for a security bond?

It's kinda late to find a lawyer now for the hearing today. Go to it and contest the conservatorship yourself. There are depository accounts that do not require bonds. Had you hired an attorney prior to all this, then the attorney would have had this prepared. The court can order a conservator to post the bond.

My grandpa has in-home assistance only M-F, 9 a.m. to 2 p.m. I think he needs more help. The hearing is only for conservatorship of estate. Will the court investigator make a recommendation for a conservator of person or would I need to file a separate petition?

The court investigator can make the recommendation for conservator over the person at the hearing today which can be done today.

I tried getting info from APS but they claim "client confidentiality" even though my brother and I brought the case to them. I'm frustrated that they won't explain to me why criminal or civil charges against my aunt can't be pursued.

Had you hired an attorney as you were advised to do last August, your attorney would have been able to obtain info from APS.

Can I pursue these charges on my own?

With what legal authorization?

Do tax evasion charges apply since my aunt made my grandpa pay taxes on all the $ the property generated even though my aunt pocketed the cash? (BTW, my aunt held title to the property with a life estate clause for grandpa)

TIA! This is a difficult situation because my grandpa doesn't believe/understand/care (?) that my aunt has taken all his money. Part of me wants to just let it go as that may be the most painless route for my grandpa. He feels most comfortable with her. My brother (a cop, of course) feels that charges should be pressed because our aunt clearly broke the law, but he also knows firsthand that if the victim refuses to cooperate there really isn't a case.

You needed an attorney about a year ago to deal with all this. Good luck at the hearing.

 

[kristianne1]

hearing today

Why did you wait until today, the day of the hearing, to post for assistance?

I could kick myself that I picked up my Saturday mail on Sunday when I received the Notice of Hearing.

Not when the court knows about his drug problem and criminal record.
Is there a way to look up his criminal record?

Had you hired an attorney as you were advised to do last August, your attorney would have been able to obtain info from APS.

We did hire an attorney for my grandpa. I guess I didn't understand that I should get my own attorney. I'm not sure if I understand how my attorney could get this info release where I couldn't.

With what legal authorization?

I'm not sure if the case has been presented to the DA's Office for possible criminal charges, or if we can press civil charges on our own. My husband is reluctant to support my involvement in this mess. I know that he won't be happy to hear that we need our own attorney involved. Resources are tight right now.