Legal Question in Elder Law in California

Elder Law

My uncle had a stroke which left him mentaly unable to make decisions for himself but physically he is in great shape. His wife suffers from minor old age dementia. They are 88 & 86. Their only daughter has durable power of attorney in the event they are both incompetent.

The mother now lives with them. She has placed my uncle in an Alzheimer facility. She will not allow certain family members to visit. She took my aunt to a doctor for depression and had the doctor sign a form saying she is incompetent. She is now preparing to put my aunt into a facility (my aunt is not aware of this). She is moving their life savings around, spending what she wants, trying to qualify them both for Medi-Cal so she will not have to spend down their savings.

Can she legally do all of these things? We have tried every avenue we can think of for assistance, all dead ends. We are told as long as she has the power of attorney she can limit who sees her father, that all she needs to declare them incompetent is letters from 2 doctors, and she can do what she wants with their money. Help?


Asked on 5/25/08, 10:54 am

1 Answer from Attorneys
Aaron Davis Law Office of Aaron M. Davis

Re: Elder Law

You may petition the court to compel the daughter to account for her actions under the power of attorney, or to revoke the power if revocation is in the best interests of your aunt and uncle or their estate.

You may also petition the court to appoint a conservator on the ground that the daughter is misusing the power of attorney, and your aunt and uncle are not able to look after their own interests.

Read more
Answered on 5/27/08, 6:41 pm


Related Questions & Answers

More Elder Law questions and answers in California