Legal Question in Elder Law in California
I have durable power of attorney over 85 yr. old FA. with dementia with Behavior Disorder. Fa. has been victim of phys.emot., financial abuse for 2 1/2 yrs. Financial abuse by brother seem ongoing. Police & APS have been contacted. Fa. is incapable of protecting self & managing finances. Last wk his bank gave me Cashiers check in my name only to protect my FA finances. POA says ok to put check into another bank until Fa. has capacity. I am getting him examined for incapacity this week by PCP MD. POA says ok to handle Social Sec. money too. Should I put S.S. $ in my checking acct. for his care only? Or should I wait until incapacity is finally determined?
1 Answer from Attorneys
All money that is simply in your custody for someone else should be placed in a completely separate account. You should never mingle your own money with that of someone for whom you have a power of attorney.
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