Legal Question in Elder Law in California

Power of Attorney

My grandmother is in a nursing home and my mother is trying to take care of things for her. Mother has power of attorney. Grandmother is determined to go back home. But needs 24hr care and no money to pay for it, nor does anyone else have it. Recently, grandmother is trying to have this other stranger take over things for her. (Because she doesn't like moms answers) So, now this stranger went to mom and asked for grandma's keys to the her Mobile home and her purse. Obviously, moms was not going to give this to a stranger. Grandma gets mad... Now she has this stranger go to her trailer and changes the locks on the doors. As well, this stranger is also trying to get power of attorney. Grandma says she never gave to mom. Which she did because I was one of the witnesses. We are lost as to what we need to do. Concerned that this stranger may be trying to steal from grandma. Can she get power of attorney when mom already has it? What right does she have changing locks on doors? Is this legal?


Asked on 7/04/03, 2:50 pm

2 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: Power of Attorney

While a power of attorney allows your mother to help your grandmother with her financial affairs, it does not immunize your grandmother from financial fraud. If your grandmother is no longer acting in her best interest, you should consider applying for a conservatorship. Generally speaking, a conservatorship eliminates the person�s capacity to contract and can prevent unscrupulous people from taking advantage of your grandmother. We can help you with this problem if you need further assistance.

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Answered on 8/11/03, 4:13 pm
Terry A. Nelson Nelson & Lawless

Re: Power of Attorney

Quickly contact a local attorney that handles wills, estates, probate, so he can help you go to court for a conservatorship over her, as it looks like she is 'incompetent' and letting strangers control her finances.

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Answered on 7/07/03, 1:17 pm


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