Legal Question in Elder Law in California
Getting Power of Attorney
My mother is in her 80's and is in
need of daily attention.
I am the middle child. My brother
and sister live quite a distance away.
I live right down the street and am
always there for my mother. My
sister and brother have limited
contact with our mother.
My brother is verbally abusive and
wants badly to put her in a home,
where my mother wants to stay in
her house where she has lived for
over 50 years.
My brother has also contacted the
county saying that I abuse my
mother just so he can put her in a
home against her will. Those
accusations a false and where proven
so. I care about my mother and do
everything I can to make sure she is
taken care...making sure she gets to
her doctor's appoitment, eats, has
plenty of food.
My mother also made an attempt to
get a restraining order against her
other son. Yet has not followed
through.
My question is how can I get Power
of Attorney so that my mother is
safe, stays healthy and stays in her
home in which she doesn't want to
leave and I won't have to fight
(legally with my brother and sister)
and that my mother doesn't have to
be traumatized?
1 Answer from Attorneys
Re: Getting Power of Attorney
If your mother has the capacity to sign a power of attorney, she can do so. If she doesn't, you'll need to file for conservatorship in court. The conservatorship may be needed anyway so there's less harmful interference from other people.
To avoid problems with the court and Adult Protective Services, as your brother will likely make more allegations in the future, make sure there's a solid care plan for your mother in place, such as assistance with meals, cleaning, health care, etc. Even if you're doing most of it yourself, if your mother needs a lot of care it's usually better to have some outside help as well.
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