Legal Question in Elder Law in California

Re: competancy, POA, conservatorship

Conservatorship is available when a person is incompetent to handle some or all of their affairs. The court makes the finding, based on reports from mental health evaluations.

A power of attorney can only be granted by a competent person. Thus, if there is some question about the person's competency, including the ability to understand the power of attorney, a conservatorship may be the better option.

Speak with an experienced conservatorship attorney about what's involved--there may be an easier way, or one that will be more acceptable to the (possibly) incompetent person.

Re: competancy, POA, conservatorship

The most difficult question an elder faces is "who can I trust if I become unable to handle my own affairs?" Only very mature, level headed and lucky people are likely to have such a trusted friend in their lives. It is not a mark of incomptentence if a person refuses to turn this power over to anyone. The attorney or counselor must give their client a great deal of time (six months) to find this trusted friend. The two elders might enter into a buddy contract, "I promise to take care of you if you promise to take care of me." This decision must not be rushed. Elder abuse is epidemic and usually committed by the person in power, caretaker, child, attorney-in-fact. Refusal to turn this power over lightly is not a sign of paranoia -- it's a sign of wisdom. But, it is absolutely necessary that this trusted friend be found and designated. The elder should not leave his or her fate up to the authorities.

Re: competancy, POA, conservatorship

In Ohio I would suggest a guardianship if the ward is determined to be incompetent.

Good luck, these are always difficult cases