Legal Question in Elder Law in California

I have a dear friend who is very ill. He has been in a rest home and was rushed to the hospital today. I am his Advanced Directory, however he has asked me to be Power of Attorney. He has no family, no home and no money........but is does have a car, a storage unit and a checking account. If he should pass what would happened to his items. I have been told that a Power of Attorney is only good while the person is still living. Is this true? I would like to be able to donate his assets or use some for his funeral when the time comes.

Also, am I resonpsonable for any of his debts.


Asked on 5/04/15, 8:04 pm

2 Answers from Attorneys

You are correct that all powers of attorney expire when the person dies, as would a conservatorship. The only thing you can do once he dies, if he has no relatives or next of kin, is open a probate case.

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Answered on 5/05/15, 10:18 am
Len Tillem Tillem McNichol & Brown

He needs to make a will. If he dies without a will, his estate passes to family members by intestate succession (Google California Probate Code section 6402 for how everything passes, assuming he has no spouse).

If he's on Medi-Cal benefits then he may want to transfer his vehicle (sign it over) to someone or to charity so that it won't be subject to a Medi-Cal estate recovery claim upon his death.

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Answered on 5/06/15, 8:41 am


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