Legal Question in Wills and Trusts in California
health directive dpoa
My father recently had a stroke. His speech was slurred and in his trust it states that after 2 doctors declare him incompetent, the health dpoa comes into play. Since the time of his stroke and current day, he has made great strides in his recovery and yet, the doctor refuses to really see this. On top of this, my father has stage 4 cancer that has metastisized. Prior to the stroke, he was given less than a year to live. The convalescent home refuses to acknowledge his desires to go home to his own bed for what remainder of time he has. My dad asked for a new health dpoa and to resign the name in place over to me. I am the biological daughter. The benefit to my step sister in keeping him in there is that he is losing the will to live. And she has altered the trust .
If he dies, she now acquires everything and has told me to start packing all of my dads things as well as mine so that she can sell the house.
With the current DPOA in place, the hospital administrator refuses to allow any new dpoa changes at this time (even tho he appears cognizant). How can I move him home? Any suggestions?
1 Answer from Attorneys
Re: health directive dpoa
If your step-sister "altered the trust" as you say, you will have grounds for a trust contest. You might consider initating a Conservatorship proceeding.
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