Legal Question in Elder Law in California
can POA be limited? to specified areas?
Breifly,elder had seizure,was hospitialized,released,daughter was out of town,returned,and declared that she would call Dr. to sign something,elder dosent wantanyone to have control of her finance accounts Any thing that she can doto prevent this?
1 Answer from Attorneys
Re: can POA be limited? to specified areas?
Your question leaves more than a lot to be desired in terms of fact. The first thing I would do is get yourself, or more importantly the person you're talking about, a good attorney who is school in probate/conservatorships. If he hasn't signed anything then she she just refuse. If he has signed it my question is why??? Now you'll probably have to go to court if her daughter collide presupposes your sister will not avoid the document. I take the document is a power of attorney began you have not stated what it is. The real issue is what is the mental ability, stability and awareness of the elder. If she's out to lunch that you really need somebody who care for, both financially and physically. This is a delicate situation because most people forget the dignity of the person involved. They are the most important people and if you're going to take away from them, and customary practices that they have enjoyed for 60, 70 or more years that it must be done with a great deal of sophistication. You must make sure that the people who are supposed to be looking after their best interests are not at the same time looking after their own, how much can I get after they die if I control the funds? So again heed these words. After spending so many years and estate planning and doing a substantial amount of elder law, and now getting closer to becoming one of those who I have helped in the past you need someone who understands this kind of situation.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
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