Legal Question in Family Law in California
My mother was diagnosed with Mild Dementia and Alzheimer's on Spring of 2010. In Sept. of 2010 my bother had her sign a Springing Power of Attorney. I am battleing in courts for her conservatorship, but he has that POA for only Medical decisions and it seems it he has been giving a great deal of value. I am very confused. She was examined by an Specialist on Geratrics and has determined to have a Moderate Stage of her illness in the past month. What is the real value of that POA?
1 Answer from Attorneys
If your mother was not mentally competent or subject to undue influence at the time the POA was given, it is not valid. If she was mentally competent to give it, and is in the same condition now, it is not yet valid, because her incapacity would be the condition under which it would "spring" into validity. If she was competent at the time it was given, and no longer is, then you have a complex problem that you would need to consult an attorney about in person.
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