Legal Question in Wills and Trusts in California

power of attorney

My wife sufferred a severe stroke of the right brain and she's mentally and physically disabled right now. I'm filing her disability retirement but they told me that I need a power of attorney to sign in her behalfwhich I don't have. My wife is concious but her mental capacity to distinguish what's real and not is absent. Her memory loss was substantial too and her capacity to write or even sign her name is a problem. I believe that she needs to sign the power of attorney and had the mental capacity to understand what she's signing in order for it to be binding. What should I do since she's already incapable of doing this due to her mental state. What's my other option?


Asked on 11/16/06, 8:06 am

3 Answers from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: power of attorney

It may be the case that you will need to get a conservatorship for your wife, in which you will be given the legal power to control her welfare. This is done by going to the probate court and making a petition to be made conservator.

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Answered on 11/16/06, 1:01 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: power of attorney

a conservatorship will now be necessary. please contact me if you need legal assistance.

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Answered on 11/17/06, 9:01 am
Joshua Hale Hale Law Group

Re: power of attorney

You need to apply for conservatorship with the probate court. My office can help with this process at reasonable rates.

Call me at your earliest convenience to determine if this is what you would like to do.

JD Hale

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Answered on 11/16/06, 10:44 am


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