Legal Question in Real Estate Law in California

Durable Power of attorney

I have durable power of attorney for my mother. We filled out and noterized the paper work a year ago. She has been forgetful in the last few months and just this wek at christmas she has forgotten who my sister was. If my family take my mother into doing something or signing something can I correct it? Do I have to take it to court and prove that she is incompetent? I now pay all the bills and take care of her.


Asked on 1/06/09, 10:49 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Durable Power of attorney

If she needs protection from misuse or fraud, then you'd have to seek a Conservatorship in court to get the authority over her. The Power of Attorney only allows you to take action in her name, so if someone stole from her, you could sue to get it back. Conservatorship would take away her power over finances and such. Feel free to contact me if serious about doing this.

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Answered on 1/06/09, 4:07 pm


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