Legal Question in Elder Law in California

Can a wife sign over POA for her husband?
My great-grandmother recently had a stroke. My great-grandfather is deep in the clutches off dimentia. Right now they are both in a nursing home with the bills piling up, but medical assistance does not kick in until my great-grandfather's assets are below $2,000. He currently owns a home and about $250,000 in stock. My grandfather has POA for my great-grandmother, but not my great-grandfather. He keeps telling me there is nothing that he could do so that he would be able to get a hold of the stock or sell the house before the state seizes it since it is in my great-grandfather's name and he does not have a power of atttorney agreement with anyone. Any suggestions of how to get to the stock to sell it to pay the medical bills before the state comes and seizes it along with their house?

Asked on 12/06/02, 7:40 am

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

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Re: Can a wife sign over POA for her husband?

The power of attorney can't be signed over, but the court can appoint a conservator to take care of your great-grandfather's affairs. If this involves Medi-Cal (the state paying for his nursing home care), this is especially important, as there are ways in California to protect at least some of their assets--taking advantage of these would require a conservatorship and court approval, though.

Answered on 12/06/02, 1:48 pm

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Terry A. Nelson Nelson & Lawless

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Re: Can a wife sign over POA for her husband?

Competent counsel should be able to get the court to approve a reasonable plan to protect these people. If they and the assets are in CA as implied, contact counsel in the locale of the grandparents and assets to help, ASAP. Go through the local Bar Association or Lawyer Referral Service to get names of specialists.

Answered on 12/06/02, 4:55 pm

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