Legal Question in Elder Law in California
Can I help grandma?
20 years ago My grandmother gave my aunt power of attorney just incase anything happened to her. Now my aunt is trying to send her into a nursing home claiming that she's not mentaly compantent. My aunt is talking about selling all of grandma's things. As a grandchild I am trying to stop this. Is there anything I can do to help grandma?
2 Answers from Attorneys
Re: Can I help grandma?
If this is in the best interest of your grandma, you may not be able to do anything. If your grandmother does have capacity, she'd presumably be able to stop it. If she doesn't have capacity, and it looks like this isn't the best course of action for her, you can file for conservatorship for her, which would trump the power of attorney.
You may also want to contact Adult Protective Services (a county agency), to see if they can intervene.
Re: Can I help grandma?
One solution is to seek a conservatorship over her because of her 'incompetence', which would give you control of her assets under court supervision. At the same time, any misuse of her assets could be corrected by the court ordering the aunt to return anything taken.
Instead, you might be able to to get her to sign a power of attorney and special instructions giving you the right to make such decisions, which should force the aunt to stop. Feel free to contact if serious about taking legal action to protect her, if she is in SoCal.
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