Legal Question in Elder Law in California

Overturning Durable Power of Attorney in CA

Is it possible to overturn a durable power of attorney in CA. This person has grossly abused her power and I am wondering what steps I should take. Should I try to get a conservatorship first. The elder also has Dimentia and I want to know if she might have signed the papers when she was already sick. Thank you.


Asked on 5/20/05, 8:35 am

2 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: Overturning Durable Power of Attorney in CA

The best thing to do is to file for a conservatorship. The order can void the powers of attorney and also be used to recover lost assets.

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Answered on 5/20/05, 11:02 am
Terry A. Nelson Nelson & Lawless

Re: Overturning Durable Power of Attorney in CA

Go straight to Conservatorship, it is where you will ultimately end up. Get a good local attorney to help do this right. Any misconduct can be dealt with by the court, and if there is money or property misused, it can be recovered.

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Answered on 5/20/05, 9:47 am


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