Legal Question in Elder Law in California
Regarding Power of Attorney. My grandmother who lives far away just told me that her caregiver (who has Power of Attorney) just asked her to sign her house over to her. My mother just passed away very suddenly a few months ago who was living with my grandmother at that time. I am very concerned and need to know if there is any way I can override the caregivers Power of Attorney if there is some kind of foul play. I am very scared for my grandmother and need to know where I stand in protecting her.
2 Answer from Attorneys
First, your grandmother needs to revoke the power of attorney given to the caregiver in writing (provided that is what SHE wants).
Second, if she has already signed away the house to the caregiver, that can be set aside but you must act quickly - again - if your grandmother wants it to be set aside,
Third, if your grandmother is now mentally incompetent, then she needs a court appointed conservator. I suggest you visit her and take care of those needs, if you want to prevent her from being finincially abused.
Fourth, if she is of sound mind, take her to a lawyer for proper estate planning and have that caregiver promptly.
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