Legal Question in Elder Law in California

My dad is 90 years old, living in California. He has no relatives out there and the only person that can do anything for him is his housekeeper who has been employed for about 30 years. I am 28 and living in Kentucky. He just had a fall and is now in the hospital, unable to move his legs and several other issues. He had one of these several years ago and it took months of rehabilitation in a nursing home to regain use of his legs, which he miraculously did. Currently there is no will or POA or anything. I am thinking he is going to have to go into an assisted care facility and I would love for him to come here in KY. I have been looking into them and found some he could afford with his monthly income. Would it be beneficial for me to get POA and how would I go about doing this with me living in KY and him in a hospital in CA? Any suggestions would be greatly appreciated. As of now he is mentally capable and we had been talking about him moving here but he never made a decision. Is it possible to make him move here? I don't care about his money, I just want him to get care and I don't know what to do...

Thanks.


Asked on 7/06/10, 10:02 am

2 Answers from Attorneys

You have a pretty complicated situation here, due to your father's lack of estate planning. A POA would simplify many things, but is not a panacea to the lack of an estate plan. What you really need to do if it would work for you is come out to see your poor father and get him to make an appointment to see an estate planning attorney. Many will come to the hospital to see him under the circumstances. Then the three of you should discuss his options and wishes and how to implement them.

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Answered on 7/06/10, 1:09 pm
Terry A. Nelson Nelson & Lawless

If he is mentally 'competent' and agrees with your suggestion, you need nothing but a POA from him to handle the details. Send it to him for signature. If he is 'incompetent' or disagrees, then you will have to file court action to get authority for this plan. Then, you'll need legal counsel and would need to appear at court hearings here. If serious about pursuing that, and if he is in SoCal area, feel free to contact me.

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Answered on 7/06/10, 1:40 pm


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