Legal Question in Elder Law in California
Having a person with Alzheimer's declared incompetent
How do I go about having a parent with diagnosed advanced Alzheimer's
Disease (who is in my care 24/7) declared incompetent. We, unfortunately, did
not have my parent sign a power of attorney for legal issues prior to the
deterioration of their mental faculties (however, one does exist for medical
purposes). I am the trustee of our family trust and do have access to most of my
parent's finances; however, I cannot do the ''simple'' things like change of
address, stopping them from getting jury notices, stop closing credit card
accounts, etc without a legal power of attorney. Any assistance on how to
proceed would be appreciated.
3 Answers from Attorneys
Re: Having a person with Alzheimer's declared incompetent
There is a conservatorship proceeding that you can follow. You need to be appointed conservator.
Re: Having a person with Alzheimer's declared incompetent
The process is to seek a Conservatorship order from court. It is a technically demanding process that establishes a fiduciary relationship supervised by the court, and requires regular court filings and pleadings, so you probably need to have an experienced attorney to represent you. Contact me if interested in doing so.
Re: Having a person with Alzheimer's declared incompetent
Having your parent declared incompetent isn't enough to give you authority to manage the "simple" things. Instead, you need to have someone appointed (and it could be you) to be your parent's conservator. Competency will be evaluated during the appointment process and if appropriate, the court will appoint a conservator and give him or her the power to manage all of these affairs. Without a power of attorney, many institutions will not recognize your authority unless you become a conservator.
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