Legal Question in Elder Law in California
how do we get power of atterney
best friend was in a car crash and can not make her own decisions he childeren want to know how to get power of atterney over her they dont have much money
3 Answers from Attorneys
Re: how do we get power of atterney
If your friend is still competent, then she can sign a power of attorney form and appoint her children. If she is not competent, then the only route is to file an action seeking a conservatorship, which will give them the authority to make the same decisions.
Re: how do we get power of atterney
Either by having her sign a full Power of Attorney that includes medical care decisions, or by filing for Conservatorship if she isn't 'competent'. You will likely need counsel to do the Conservatorship. Feel free to contact me if you need that help.
Re: how do we get power of attorney
It sounds like she is not competent, meaning capable of understanding and signing a contract. If so, the only option is to file a court conservatorship (of the person and estate) which would allow a conservator (a family member, friend, or professional) to make decisions on her behalf.
If she is competent, she can sign a power of attorney for health care and another for financial decisions, naming an agent to make the decisions on her behalf.
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