Legal Question in Wills and Trusts in California

Financial Power of Attorney competency or Conservatorship

Friend like a father to me was in a propane gas explosion and has been in hospital 2 1/2 months. Even though he is on a respirator again he is conscious, responds appropriately to questions, he is very aware of what's going on and is of sound mind. He has 3 adult daughters that live in another town. He is on social security disability, does not have a bank account. I manage the mobile home park we live in and asked the park bank about doing 'for deposit only', was told no, needed power of attorney. The hospital social worker says he isn't able to sign POA. I would like to know who determines competency for signing POA? His mental state is ok, he understands what's going on. Also, if he isn't competent to sign POA is the only other option conservatorship to take care of his money and maintain his home to come home to? I would appreciate any suggestions, ideas...anything. Thank you in advance. I hope I haven't made it to confusing, but feel free to email me with any questions. Thanks again.


Asked on 6/03/05, 8:26 pm

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

Re: Financial Power of Attorney competency or Conservatorship

if your friend is competent mentally (and after a full and complete explanation of the consequences of executing a power of attorney), you (or another person) could sign a power of attorney for him if he is able to state or signify his understanding and agreement.

SEE: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=04001-05000&file=4120-4130

otherwise, a conservatorship is needed.

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Answered on 6/04/05, 9:07 am


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