Legal Question in Elder Law in California
My incapacitated father is in CA and I am in Florida. I am the trustee and all he has is in the trust and I have powers to act as his agent in the trust document, as well as a POA for health decisions and this appoints me as his agent. I have already been put on all the bank accounts as sole trustee, and as far as other bills, but I am having problem with reverse mortgage company. They are insisting I must have either a full POA or have a court appointed conservatorship to deal with the credit line for my father. Can I do this from Florida with the documents I have, or not be present in CA? Can I file the documents myself?
1 Answer from Attorneys
There is no way you can pursue a Conservatorship Petition from out of state without an attorney, and there may be hearings at which you must be present. Your easiest course is to get a 'full' POA, if the person is still 'competent' to sign. If not, then you are going to have to obtain whatever else the bank requires.
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