Legal Question in Elder Law in California

Establishing a conservatorship or durable power of attorney.

How do I set up a conservatorship or durable power of attorney for my mother who is residing in a skilled nursing facility due to age and dementia. She is unable to talk, write or communicate in any way. I am a signer on her accounts and able to pay her bills but cannot make critical decisions regarding her care.


Asked on 12/06/05, 11:43 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Establishing a conservatorship or durable power of attorney.

Conservatorship is the only option now, and results from a court filing and orders granting such powers as are necessary. It is too late to acquire a power of attorney from her, now that she is 'incompetent'. Contact me if interested in pursuing this properly.

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Answered on 12/06/05, 4:08 pm
Scott Schomer Schomer Law Group

Re: Establishing a conservatorship or durable power of attorney.

It sounds like your mother is no longer capable of executing a power of attorney. As such, your only option to exercise control over her health and finances is to file a conservatorship proceeding. The process takes at least a week (for emergencies) and typically a month or more. Feel free to contact us if we can be of assistance.

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Answered on 12/07/05, 12:47 pm


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