Legal Question in Wills and Trusts in California

Power of Attorney

I need to know what form I need to have a court declare my mother incompetent and name me as the person to take-over her affairs. I have a letter from her doctor stating that it is doubtful that she will ever recover from a severe stroke suffered on Jan 16, 2008. Also can any court do this or only the one in the jurisdiction where she resides? Thanks.


Asked on 1/24/08, 11:38 am

1 Answer from Attorneys

Re: Power of Attorney

Jurisdiction where she resides.

Also, either the doctor can initiate an LPS conservatorship through Public Guardian.

Or, if doctor won't initiate, you can file petition in probate to be appointed as her conservator. You will need to get doctor to prepare capacity declaration and file the appropriate paperwork.

You should probably consult with an attorney near where she resides.

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Answered on 1/24/08, 12:40 pm


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