Legal Question in Elder Law in California

To whom it may concern:

I care for my mother. She is 79 years old and has dementia. My sister has power of attorney but wants nothing to do with her for the last 2 years. I handle her finances and daycare. Is this legal? My sister only wants to see her once or twice a year. I want to have power of attorney and I am really not sure if my sister has it. She just tells me she does. I found someone to care for her once a month four times a year to give me some assistance. My sister wants this woman's info yet wants nothing to do with my mom.


Asked on 8/26/09, 2:29 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

If your mother can't understand what she's signing, she wouldn't be able to make a new power of attorney document--a court conservatorship would be needed instead.

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Answered on 8/26/09, 5:58 pm
Terry A. Nelson Nelson & Lawless

Legal? Yes, but poses problems if siblings or anyone claims misconduct by you concerning finances or other decisions. An 'incompetent' person can not give POA, so you're stuck without legal authority now. Keep accurate accounting of everything. You may end up needing a Conservatorship over her for medical treatment decisions. If so, feel free to contact me for the legal help you'll need.

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Answered on 8/26/09, 8:15 pm


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