Legal Question in Elder Law in California

Who handles affairs in case of incapacitation

My father-in-law was found on the floor of his home, bruised and incoherant. After being admitted to emegency, he was transferred to a nursing and rehabilitation center. He is still incoherant and incapable of signing a power of attorney form. Who takes care of his everyday affairs like paying bills, etc?

Thanks you,

Cathe


Asked on 9/15/03, 1:53 am

2 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Who handles affairs in case of incapacitation

If your father is incapable of managing his affairs, and doesn't have a pre-existing power of attorney, the next step would be to place him under a conservatorship. Our firm has handled hundreds of these matters and if you contact us, I would be happy to explain the process to you at no charge.

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Answered on 9/15/03, 12:25 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Who handles affairs in case of incapacitation

If there is no power of attorney, and no spouse, and he remains incapacitated, a conservatorship is likely needed to have the court appoint someone to take care of affairs for him. Check with a probate/conservatorship attorney to see if there are any other alternatives, and what a conservatorship may cost in your father-in-law's situation.

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Answered on 9/15/03, 4:52 pm


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