Legal Question in Wills and Trusts in California
Conservatorship
My father had a stroke about a month ago, he understands what's going on but can barely speak and he cannot use his left side of his body. I need to become Power of Attorney or Conservatorship to start an account because his checks are coming in and we can't cash them and if there is a medical decision to be made I need to be the one that the doctors come to. What do I do?
2 Answers from Attorneys
Re: Conservatorship
How does that prevent him form signing checks and having them deposited into his account? To get a conservatorship appointed you have to show that the person is no longer mentally able to make competent decisions and care for their own interests. That does not seem to be the case for your father. He could give you a limited power of attorney to handle certain matters, but why? As long as he is mentally competent, why should the Drs. come to you and not him? You need to have a long discusssions with him as to what he wants to do; it would be best to have a social worker or some other neutral person present to both be able to state he was mentally competent and to protect his own interests.
Re: Conservatorship
File in probate xourt in the county of father's residence. The doctor will be asked to complete a form, It is an involved process, you would do well to get represented. Contact me directly.
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