Legal Question in Elder Law in California

Durable power of attorney

Father diagnosed with Alzheimer's. Strong decline within the last year. Mother is total caregiver. How can she obtain Power of attorney? Or is this what she needs? Does she have to go through attorney? If so, how much should this cost? Is this all she needs? Please advise. Thank you.


Asked on 8/12/02, 3:07 pm

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

Re: Durable power of attorney

Power of attorney would be helpful to her. To get this, her husband would have to understand what he is signing and it would have to be notarized. An attorney-drafted form may be more helpful in that it could also look ahead to Medi-Cal planning, if long-term care will be an issue.

If he's not capable of understanding the power of attorney and signing it, she will probably have to get a conservatorship over him.

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Answered on 8/13/02, 10:23 am
Terry A. Nelson Nelson & Lawless

Re: Durable power of attorney

Will need at least a power of attorney, possibly will need to seek 'guardianship' order from court. Only if the father is still mentally 'competent' to sign is the power of attorney appropriate. Power of Attorney is a one page document that you can get from a stationery or book store and carefully complete. You might consult for 1/2 hour with an attorney to make sure it is done right. If guardianship is necessary, substantial attorney fees and some costs will be paid.

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Answered on 8/12/02, 4:37 pm


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