Legal Question in Wills and Trusts in California

My father in law was just diagnosed with multi infract dementia please help

My father in law has just been diagnosed with multi infract dementia and in a weeks time we have had to move him to a board and care facillity. He is still married but has been living apart from my mother in law for 20 years. They are not legally seperated. What rights does she have to gather information from his former employer in regards to his pension, 401K, and benefits? Also what authority does she have to make decisions on his behalf in regards to medical and financial concerns? Please help this is all happening sooo fast and we do not know where to start.


Asked on 8/05/02, 5:13 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: My father in law was just diagnosed with multi infract dementia please help

See an attorney quickly to sort this out. If he is still able to understand his affairs and make decisions, he should execute powers of attorney to allow an agent to make decisions on his behalf. If not, a conservatorship is probably needed.

Spouses do have some authority over community assets, but there may not be any here if they've been separated so long. Still, to prevent problems later, see an attorney to get an idea regarding what property/assets/retirement plans belong to whom.

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Answered on 8/05/02, 7:20 pm


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