Legal Question in Family Law in California

Disabled Family Member

My father in law (my husband's biological father) had a left hemisphere stroke on January 2006. He has been hospitalized for several months, undergone rehab, and remain severely disabled (unable to speak, read, and write while he uses a wheel chair to get around). We took care of him for four months and later transferred to a Nursing Facility.

He has been divorced for many years, and do not have any other close relatives that are capable of caring for him. He does not have any valuable asset.

Since the incident, my husband is left with the responsibility to make decisions for him. The problem lies on lack of ''Power of Attorney.''

Very recently, the SS office sent us a letter that my father-in-law is no longer eligible for disability benefits. My husband tried to contact their office but he was told that he is not legally authorized and therefore they refused to talk to him.

How do we obtain a ''power of attorney'' or perhaps a conservatorship in order to take care of his finances.


Asked on 3/04/07, 9:53 pm

1 Answer from Attorneys
Annette Goudy Law Offices of Annette L. Goudy, A PC

Re: Disabled Family Member

Unless your father-in-law has a durable power of attorney for health care (living will), you will need to have a conservator appointed for him. That means going to court, and your best bet would be to hire an attorney to handle it for you. Once your husband is appointed his conservator, he can handle all the details.

Good luck!

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Answered on 3/04/07, 11:41 pm


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