Legal Question in Elder Law in California

Re: Gaining Power of Attorney

Depending upon the mental status of your grandfather, I would immediately go to an older law attorney for to determine possibly if a conservatorship can be set up on his behalf. This does not mean that he's crazy, it just means that he is to old to care for himself either financially more physically. Everything than would be overseen by the court and there would be countings which have to be exact. The Conservator would take care of either or both the person and/or the estate of the individual but would have to do so with court supervision so that radical moves, excessive spending, etc. should not and would not be allowed if the Conservator does not take advantage of their position. In the alternative if he has the capacity a trust can be set up which will eliminate the need for court supervision and pretty much accomplish the same thing, at least financially. There's a great deal that must be discussed in the situation to determine what, if anything is available in what, if anything you should pursue. At the same time one of the most important things especially in elder law is to keep the dignity intact of the individual. Emotionally at this age they are very sensitive. They get depressed because of the loss of their independence. The loss of their mobility, everyday functions always bring about some form of depression. This is a delicate, serious area that all families are affected by but the same time not all families deal with either properly or in the same way. I have been practicing estate planning/probate in the San Francisco Bay Area for over 30 years when it wasn't called Elder law to do more than happy to talk with you. You can reach me at 925 -- 945 -- 6000.

Re: Gaining Power of Attorney

If your grandfather is still competent, he can execute a power of attorney. As long as she has access to his accounts, however, this step will not protect your grandfather. The key is to obtain a conseratorship, so that all of his money is spent under court supervision. Find an attorney that is familiar with this area of law and has applied for these.