Legal Question in Elder Law in California

Power of attorney
I have POA on my mom who is in the early stages of Alzheimers. She is married (4years) can her husband over ride my POA if he disagrees with something I do? For example when it comes to money matters. She has asked me to put her money, which she had prior to the marriage, in my account so he can't get into it, his name is not on the account but he has tricked her into taking money out which he used to pay the bills for his son. I just want to make sure I don't get into any legal trouble.

Asked on 10/23/06, 10:52 pm

3 Answers from Attorneys

Scott Grossman The Grossman Law Firm, A.P.C.

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Re: Power of attorney

If the power of attorney does not specifically give you the authority to make gifts of your mother's money then the transfer to your account could get you in trouble. The way to cure this is to petition the local probate court.

Your stepfather's use of your mother's money to pay his son's bills is impermissible. If you want to stop this and/or recover the money you will need to go to court.

Answered on 10/25/06, 2:50 pm

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Terry A. Nelson Nelson & Lawless

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Re: Power of attorney

She, or he, can do pretty much anything they want with assets they have access to, regardless of your POA. It applies only to what you have actual control over. Sounds like she needs to have a conservator appointed if you can't control and prevent him from wasting her estate. However, spouses are entitled to exercise control over the other spouses' assets if they have consent. You would have to convince a court that she needs the conservator, other than the husband. Feel free to contact me if serious about pursuing this.

Answered on 10/24/06, 6:03 pm

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