Legal Question in Elder Law in California

Power of Attorney

I'm the caregiver for my grandfather in law. He has a living trust which he is the sole name on the account. He's married but in the process of a divorce. He doesn't trust his own children and has no relationship with either one of them. Both children have used him and stolen from him and his estate. Now that he has been diagnosed with Dementia and his wife and he are getting a divorce the family is starting to argue over who will be granted Power of Attorney. I'm in the process of moving out to his ranch with my husband and 2 children ( per grandfather's request ) I know grandfather doesn't want his adult children to receive power of attorney but what are the laws in California surrounding Power of Attorney? He never had anything in writing and everyone seems to think that they can get it. But if they do grandfather and I know that they will not do the right thing by grandfather and end up spending the money on their own bills and financial situations. What can he do to appoint the proper person or can he appoint the right person with his diagnosis?


Asked on 6/13/08, 4:08 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Power of Attorney

A full Power of Attorney to you is ok as an initial stop-gap measure. However, it is totally inadequate for what you will ultimately need to be doing. You will need a 'conservatorship' granted you by the court in order to be able to deal with his medical treatment, property, income, etc. Consult a local attorney that knows what he is doing. Do it while the relative is competent [maybe] to sign a declaration agreeing to it. Make sure the trust and all the estate and property is correctly set up now, rather than later.

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Answered on 6/13/08, 5:11 pm


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