Legal Question in Elder Law in California

powerofattorney

my aunt is 95 years old she is in a comalesting home where she is being mistreated and and they say that my uncle have power of attorney over her which she dont have knowlege of it so she is trying to get him revoted and have me over so i can take care of her write.


Asked on 2/07/07, 7:20 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: powerofattorney

All she has to do is issue a new power of attorney to you for complete control, revoking the old one, and serve a copy on the home. You can then help in her care decisions. Feel free to contact me if you need legal help in this.

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Answered on 2/07/07, 7:59 pm
Alexandra Golden Golden Law Center

Re: powerofattorney

If you genuinely believe that your aunt is being mistreated, contact the Ombudsman's office. Your county's Elder Services office will give you the name and telephone number of an independent person who will go to the nursing home and investigate your aunt's situation. If she actually is being neglected, they can make further referrals to protective services.

Assuming that a power of attorney exists, your aunt needs to be competent to revoke it and sign a new one. If she is not competent, someone will need to go to court. You should consult a local elder law attorney for additional information.

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Answered on 2/07/07, 8:52 pm


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