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?


Asked on 2/13/07, 2:20 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

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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Answered on 2/13/07, 12:25 pm


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