Legal Question in Elder Law in California

power of attorney
my boyfriends mom has cancer and is very ill she is married and has a will. her husband is not supportive and does not work he is just spending her money. He does not even help her eat (she has a feeding tube) My boyfriend and his sister are going to attempted to have his sister get power of attorney over their mother. If she does obtain it, will it rule out the fact that she is married and has a will? The will states the house she ownes will be divided between both her children, her husband and his children (they do not have children together) If my boyfriends sister get power of attorney will their step father have in say in anything about their mothers well being, finances or property once it is obtained?

Asked on 4/01/08, 4:37 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: power of attorney

A 'general', or full, Power of Attorney allows the holder to act in the place of the mother until her death, with total control over all assets and all decisions. Power of Attorney does not change or supercede the will, or the laws governing wills and inheritance. If she wants to change the will, she needs to do so asap with the advice of an attorney to make sure it is enforceable against anyone contesting it. If she wants a divorce or legal separation, get her an attorney for that.

Answered on 4/01/08, 5:17 pm

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