Legal Question in Elder Law in California

POA has Bi-Polar/Schizophrenia dual diagnosis

My sister who has been diagnosed with dual Bi-Polar/Schizophrenia recently got my 89 year old mother to sign papers appointing her Power of Attorney. My sister and mother live together in California. My mother has progressive dementia. She also has a lot of money in different bank accounts and owns real estate. We don't know if my mother was in her right mind when she signed the papers. My sister is on SSI. Can someone with a history of mental illness and on SSI because of her mental disabilities legally hold Power of Attorney? If not, how do we have the Power of Attorney revoked?


Asked on 11/16/08, 11:01 am

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: POA has Bi-Polar/Schizophrenia dual diagnosis

You should consider becoming your mother's conservator. The conservatorship will trump the POA. If you mother lives in southern California then call my office if you're interested in retaining counsel to assist you with this matter.

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Answered on 11/17/08, 6:25 pm
Terry A. Nelson Nelson & Lawless

Re: POA has Bi-Polar/Schizophrenia dual diagnosis

If the mother is incompetent, the POA is voidable, but so would be any new POA or revocation of the old POA. Your proper recourse is to apply to the court for Conservatorship over the mother and get court orders setting the situation right. If you're serious about doing so, and if the mother is in SoCal, feel free to contact me for the help you'll need in that filing and hearings.

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Answered on 11/16/08, 3:42 pm


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