Legal Question in Elder Law in California

prevent unlawful disposition of goods, assests of alzheimer's patient

My sister has durable POA for my Mother with advanced alzheimer's. Other relatives feel she is abusing the privilege by appropriating assets and selling valuables without family consultation or consent. If the POA and/or health care proxy allow full control over dispostion of goods, can they be over-ridden if they were executed under duress or in the advanced stages of disease?


Asked on 5/12/02, 9:28 pm

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

Re: prevent unlawful disposition of goods, assests of alzheimer's patient

If the power of attorney was executed under duress or while the principal lacked capacity, then it would be void, but you must have good evidence of this. If so, or if the agent is mismanaging the assets, you may wish to petition the court to have a conservator appointed instead--legal counsel may also be needed regarding asset protection and long-term care planning, as the principal may have to apply for Medi-Cal benefits for nursing home care.

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Answered on 5/13/02, 8:01 pm


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