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  1. #1
    Join Date
    Jul 2012
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    2

    Default Is it Necessary to be Appointed as Conservator

    My question involves guardianship in the State of: California
    My mom & I lived together since 1999, in 2009, I took her to a hospital(outpatient type surgery) and they brain damaged her & left her on a vent. I had been her DPOA since 2007 and everything home etc, was put into my name along with hers. Anyway I have taken CARE of everything, all financial, personal, medical decisions etc....basically I have been dragged thru H****. I love my mom, shes my BFF, so it was something I was prepared to do, always considering everything she has ever done for me. I won the Malpractice Case Feb 2012, and the amount was put into a SPECIAL NEEDS TRUST(another pain in my ***) but it truly is the best way to make sure all of her needs are met when Medi-cal & Medicare or secure horizons will not pay. She lives in a SUBACUTE facility for people who cannot breathe on their own. Anyway all this Lawyer, trust etc has been done & over with for about 6 weeks and I got an email from the original attorney who set up the Special Needs Trust...and she said I should become the Conservator...even though my malpractice attorney(the one who has basically held my hand thru all for the lat 2.5 years) said it was not necessary, considering I have been making ALL the decisions since May 20, 2009(the day of the "incident". Do I really want to pay almost 3,000(out of my mom's trust) to do this, and have to send paperwork, and require court permission for major decisions etc.....it all sounds very intrusive. I mean I have to ask for all money from the trust anyway....I have to keep all receipts and detailed financial paperwork(which I was doing, way before I even got the SNT) I spend everyday being my mom's advocate and fighting for everything, it has become a full time job, good thing I am retired, on top of keeping our home up and taking care of her animals..do I truly need to be the conservator? How is that going to be any different then what I am doing now, except way more paper work and another entity I have to send paperwork and account for every little detail of my life. Any info would be greatly appreciated.

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