Legal Question in Wills and Trusts in California

My dad has dementia and I need to get a power of attorney...what is the process in obtaining one to manage his personal business; medical, finances, etc?


Asked on 10/22/09, 9:27 am

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

For your Dad to give you a Power of Attorney he must have what we call "legal capacity", meaning that he must understand the nature of his actions. Depending on your Dad's condition, that may no longer be possible. Furthermore, a Power of Attorney can be revoked cy conduct. If your Dad refuses treatment that you are seeking through a power of attorney, then the health care provider would have to follow your Dad's instructions, not yours. If your Dad is generally cooperative, then a POA may work, but if things deteriorate you may need a formal conservatorship. You should consult with an attorney to go over more specific facts of your case. I would be happy to assist you further.

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Answered on 10/22/09, 11:11 am


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