Legal Question in Elder Law in California

Who has rights and control over?

I have an 85 YO aunt who recently was placed in a home by my cousin, her great niece. My cousin is conferring with no other family member re: what she is doing. Legally, what legally would have allowed her to do this without the consent of other family or my aunt? My aunt has a bit of dimentia yet is able to function independently. I fear she is being taken advantage of. They reside in So. CA and I reside in No. CA so I cannot oversee what is going on. Also, if my Aunt changed a trust to include other family members can my cousin have this altered without my aunts okay? I don't know if my cousin has obtained a power of attorney or not re: my aunt should you need to know this.


Asked on 7/18/01, 6:01 pm

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

Re: Who has rights and control over?

She could be operating under a trust as trustee or power of attorney as agent. The question would then be whether your aunt was competent when she gave her that authority.

As for amending estate planning documents, some powers of attorney will grant this power (for trusts, not wills), but it must be specific and must be allowed by the trust as well.

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Answered on 7/19/01, 8:16 pm


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