Legal Question in Wills and Trusts in California

community property

My partner of 16 years took a turn for the worst and is Dying of AIDS. Being that the both of us were so consumed with our lives and trying to make him healthy, we never formed any legal documents. I immediately called his Brother and Sister to inform them of their brothers condition, and two days later his brother called to say he and his sister would be flying down. In addition, his brother proceeded to ask me how much his brother had in his 401k. Being that money was the last thing on my mind I said I didnt know. So. his Brother and Sister came down and while I was at work his brother went to the hospital and had my partner sign Power of Attorney. Since this time he has been writting checks to friends. He also wrote a check to myself and stated at the time that he was writting these checks for tax purposes. He also has asked me everyday since he wrote me the check if I had deposited it. I have not and will not. He also had the doctors take my partner of his HIV medication, and I have yet to see a copy of this so called Power of Attorney document. I am a very trusting and gullible person but this just does not feel right. What are my rights as a 16year partner?Please help!My partner has not spoken to his brother in 2years


Asked on 5/02/05, 7:01 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: community property

your questions regarding property rights should be directed to a family law attorney to determine whether or not you have any property rights under the domestic partner law.

otherwise, if a durable power of attorney for assets or an advance health care directive are properly executed (and the principal is competent at the time), the designated agent has the power to manage assets or make health care decisions for the principal.

Read more
Answered on 5/04/05, 2:09 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California