Legal Question in Wills and Trusts in California
Power of attorney
My mother has appointed power of attorney to her boyfriend. We supported her decision at first, but recently he has dropped out of AA and is drinking from the time he wakes up until he passes out. How can we contest his power of attorney so my brothers and I can be in charge of my mothers medication instead of an alcoholic?
2 Answers from Attorneys
Re: Power of attorney
Powers of attorney have nothing to do with dispensing medication.
You should consult with an elder law attorney regarding guardianship and other options.
Re: Power of attorney
The quickest and surest way is to convince your mother to revoke the power of attorney, and sign a new one in favor of you and/or one or more of your brothers.
If that is not possible, it may be necessary to have a conservator appointed, who can then revoke the power, and a guardian appointed, who can control her medical situation. This would require a finding that your mother is no longer competent, and should only be undertaken as a last resort.I strongly suggest consulting an attorney experienced in the field of "elder law" to examine this and any other courses of action you may have available.
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