Legal Question in Wills and Trusts in California
My mother is still legally married to my dad, their separated. My dads girlfriend got power of attorney over him, how do we stop it or get it out of her name? He's in the VA Hospital he's incapacitated, I live in California, my dad and the girlfriend live in Louisiana.
2 Answers from Attorneys
Why do you think you can or should be able to do this? He selected his girlfriend as his Agent so unless you have some basis for contesting that selection, I don't see how you win. You don't say how long they have been separated or where Mom lives now. I will say, that if he dies without a will, there may be a claim by your Mother against his estate as the surviving spouse. This all depends on Louisiana law. You should click the "find a lawyer" tab up in the right corner of this web page and get state specific advice for Louisiana.
Only a Louisiana attorney can answer your question. In addition to the difference in the laws between States, Louisiana laws are known to adhere to remnants of the "Code Napolean" from the days when it was possession of France. Therefore, the best advice I can give you is to contact the bar association for the Louisiana Parish (County in California) in which your father resides and see if you can get a phone consultation. Explain your situation to the attorney and ask if there is anything he can do for you.