Legal Question in Wills and Trusts in California

Power of Attorney

I was given power of attorney for mother in 2001 when she came to live with me after my father passed away. We filled out a power of attorney form and had it notarized in 2001. My brother was always in charge of her finances and I was in charge of her medical care. Because she was living with me it made more sense to give me power of attorney. My mother now has alzheimers, diagnosed in 2006. She recently went to live with my brother in AZ because I had to return to work and could not be home with her. Since my mother is now living with my brother, he is not giving me any information about her medical care or finances. He also had her sign him power of attorney sometime in 2006. My brother has now taken over control . Can't I fight him about Power of attorney since my is dated 2001 when she was still of sound mind? My brother had my mother sign a power of attorney for him when she already was diagnosed with alzheimers. Wouldn't my power of attorney be more binding than his?


Asked on 9/01/08, 1:20 pm

1 Answer from Attorneys
Cheryl Anne Woodard Cheryl Anne Woodard, Attorney at Law

Re: Power of Attorney

The general rules in California may not apply as your Mother may be an AZ resident at this point. However, the general rule is that a person is deemed competent until they are declared incompetent. This means that the new POA may have revoked the 2001 POA and may be valid.

Seek counsel in AZ and make sure that attorney knows: How long your mother has been in AZ; Exactly when she was diagnosed; What condition she was in when she left California; and What condition she was in when she signed the POA, if you know. Some people are diagnosed, but are able to make competent decisions after the diagnosis.

Be guided by that attorney if AZ has jurisdiction. If not, seek counsel in California near you to determine the CA court of competent jurisdiction and the steps to be taken.

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Answered on 9/03/08, 7:03 am


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