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.
2 Answers from Attorneys
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.
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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