Legal Question in Wills and Trusts in California

I'm the Durable POA for an elderly friend that now requires 24 hr home care. She also has dementia that has taken a turn for the worse. She currently lives in an independent living facility that is quite costly. Her daughter now wants to take her back to MA from CA to live with her daughter (the elderly friends granddaughter) even though my friend has told us both many times she doesn't want to live on the east coast. She was going to move in with me, but I think if her daughter wants her daughter to care for her, I don't want to fight it. However, I think putting her mother on a flight to the east coast would literally kill her, and the fact she wants to move so quickly with nothing in place at the other end is a huge concern. I also feel as POA I need to ensure the elderly is safe and has he care she needs including continued 24 hr care. Her daughter is the 'health directive" for end of life decisions only. As POA, is it my responsibility to ensure the elderly is safe flying west to east coast and also that they are 100% prepared at the other end to care for her prior to her arriving? The elderly can't even sit or lay down for more than a few hrs at best, without getting extremely agitated and anxiety ridden, let alone due to cellulitis of the legs, they swell easily. I'm concerned about flying her across country in this condition. Is it my responsibility to ensure this is the appropriate thing to do as well. Her daughter thought nothing through, including the sale of her apartment (the independent place she lives in, you have a huge entry fee which was $205k, which once the next person buys into this development, she will get 90% of her money back. She also pays close to $5k per month in fees and medical help they provide her), shipping furniture back east, new medical insurance, a hospital bed, outside care, etc. I've have been able to talk her daughter into waiting at least another week so we can resolve some of these issues, let alone her mother is in no condition to fly. This entire family is money hungry and I'm concerned they are doing this to save money due to the cost of living where she is at and 24 hr care. This woman has more than enough money to last a lifetime to get the care she needs. Even her doctor told me he had never seen a family so screwed up and money hungry. What do I do? I really have to cross my t's and dot my i's, so I want what is best for everyone and to ensure I'm protected. I'm also an executor of her living trust because she can't trust anyone in her family. Same reason I'm POA.


Asked on 6/13/15, 2:28 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

Having PoA and ADHC for this person gives you control over her assets, but not her "person." If you believe she had good reason not to trust her family and that they may not care for her properly, you might want to consider conservatorship, or get Adult Protective Services involved.

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Answered on 6/15/15, 8:41 am


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