Legal Question in Wills and Trusts in California

revoke power of attorney for care of disabled family member

when my nephew was 4 yrs old, hi mother, my sister #1, suffered a heart attack (@ 28 yrs old) which caused some brain damage to her short term memory and subsequent seizures and periodic strokes over the last 18 yrs. Our parents took her into their home and took care of her until the both of them passed away. The left guardianship and power of atty to another sister #2 (not specified in the a living trust so it must've been handled separately). Since then, sister #2 left the state, basically abandoned sister #1 & rarely comes to visit sister #1 whose health has been deteriorating. Now that her son is no longer a minor (24 yrs old) he wants to take over power of atty & guardianship since sister #2 is doing such a poor job. Can he? Does he have more legal rights to do so since he's next of kin? and if yes, how would he go about it? My nephew asked sister #2 ''will you please give me power of atty for my mom?'' and sshe said ''NO''. I have strong suspicion that there's a lot of money involved that sister #2 is hiding or she would give up power of atty in a minute. Sister #1 receives disability checks that are being mailed to sister #2 and has been for the last 18 yrs and is also on Medicare (she's currently in the hospital, bedridden)


Asked on 2/26/07, 6:10 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: revoke power of attorney for care of disabled family member

If your sister has capacity to make a new power of attorney naming her son, she can do that. If not, her son can petition the court to be her conservator, and if the court believes this to be in her best interest, it will grant the petition and he can take over.

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Answered on 2/26/07, 6:23 pm


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