Legal Question in Elder Law in California

Incompetency

I fear that husband and/or son may try to have me declared incompetent in order to gain full control of my affairs and activities. Is there anything I can do to protect myself?


Asked on 1/10/04, 1:03 am

2 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Incompetency

I have to believe that your main concern about this area is that these family members may use your assets for their own gain. You should hire an attorney to create an estate plan to deal with your assets. You can also designate a conservator if there is someone else you think would be better suited to control your estate in the event of your incapacity. In a durable power of attorney, you can also make clear statements about your desire for medical treatment and/or living conditions.

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Answered on 1/11/04, 1:23 pm
Terry A. Nelson Nelson & Lawless

Re: Incompetency

Hiring an attorney to represent you, and ensure your control over your assets, is a good start. Maybe you should go see your personal doctor, expain your concerns and have him document your chart/file with his opinion you are not incompetent, so that he can give a declaration or testimony if needed. Contact me if interested in consulting with counsel about your rights and protections.

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Answered on 1/11/04, 6:39 pm


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