Legal Question in Elder Law in California

Hello, there is no statute that makes it illegal unless it is designated as an irrevocable power of attorney - a power of attorney can be revoked at any time BUT the person must be legally competent to execute the documents. As this sounds very fishy, and a typical way of stealing from the elderly, I would petition the probate court in your county and/or have the person's doctor indicate whether the person is competent to execute any legal documents. If the person is not legally competent, they can't execute any documents but you will have to go through the probate court in your county to establish a the incompetence and then establish a conservatorship of the person. You can do this yourself but it is a lot of paperwork and difficult as the person must be truly incompetent - which is a very low standard under CA law - which is why you need doctor certification and court certification also.

FIRST - I would contact the employer of the home health aide and find out if this is a violation of the employment terms though. Regardless, you will still need a probate court to invalidate the new document. If there are substantial assets at risk or health care decisions (if that was included) I would advise you to contact a probate attorney immediately - the main thing is DO NOT WAIT - ACT NOW - MONDAY MORNING at the latest.

Good luck to you,

Marcia S. Wertenberger, Esq.