Legal Question in Wills and Trusts in California

Re: POA in CA for Mentally Ill adult parent

When you say mentally ill, I would guess they are not capable of making legal decisions. For a Durable Power of Attorney to be valid, the individual must understand the rights he is giving away, and be competent to assign those rights. If this is not the case, a Power of attorney is probably not an option for the individual, unless they have moments of clarity and a doctor would sign off on their competency during these periods.

Most likely what you would be looking at is called a "conservatorship". It involves getting the courts to name someone else as their conservator (essentially guardian) to manage their finances, medical decisions, needs, etc. While in California you might be able to get a temporary conservatorship relatively quickly (it lasts 30 days), it usually takes a couple of months for the courts to appoint a general conservator. Further, the process involves filling a lot of forms, writing a descriptive account of the situation, getting doctor's to sign off on incompetency, the courts appointing an advocate on the conservatee's behalf, usually an investigation into the conservator and the conservatee situation, and a few other things.

I notice you say CA and FL, do you live in a different state then the proposed conservatee? If that is the case, then you might want to think about finding another conservator or having the court appoint one. Being a conservator is intensive, requires a lot of responsibility, and can be costly to initiate.

Hope this helps.

Most likely what you would be looking at is called a "conservatorship". It involves getting the courts to name someone else as their conservator (essentially guardian) to manage their finances, medical decisions, needs, etc. While in California you can get a temporary conservatorship relatively quickly(30 days), it usually takes a couple of months for the courts to appoint a general conservator. Further, the process involves filling a lot of forms, writing a descriptive account of the situation, getting doctor's to sign off on incompetency, the courts appointing an advocate on the conservatee's behalf, usually an investigation into the conservator and the conservatee situation, and a few other things.

I notice you say CA and FL, do you live in a different state then the proposed conservatee? If that is the case, then you might want to think about finding another conservator or having the court appoint one. Being a conservator is intensive, requires a lot of responsibility, and can be costly to initiate.

Hope this helps.