Legal Question in Wills and Trusts in California

My wife and I are in need of advice.

My wife�s sister, a couple years older and afflicted with Alzheimer disease to the extent that she needs constant care, recently lost her husband. My wife was notified that she was named the durable power of attorney. Reportedly her husband left everything, whatever that is, to his wife, my wife�s sister. On more than one occasion the husband, who was always a health risk, told my wife she needn�t worry as he has arranged for care for his wife.

Her sister cannot sign any legal documents and bills are going unpaid.

There are others now claiming they have a new document that claims a relative of theirs is now claiming she has the durable power of attorney. They have access to the house and have taken to locking certain rooms. They have requested of us that they need money to help feed her sister.

My wife took it upon herself to fly to Georgia from San Jose, CA at our expense to try to resolve this dilemma her helpless sister is in. She made an appointment to meet with the attorney she has been told will execute the will. When she got there the attorney said he could not give her any information because he now represents the other party.

All my wife and I want to do is arrange for care for her sister.

What steps can we take to help my wife�s sister?

Thanks,

Ed Kurns 408-202-5327

Kathy Kurns 408-316-3993


Asked on 9/30/14, 8:18 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

Your wife will need to consult with an attorney in Georgia, as everything taking place here is a matter of Georgia law. If her sister is incapacitated, as your post implies, if your wife isn't named as agent under a Durable Power of Attorney then your wife will likely have to file for a conservatorship/guardianship over her sister.

NAELA, the National Academy of Elder Law Attorneys, has an online membership list at www.naela.org. You can search there for Georgia attorneys who hold themselves out as doing this sort of work.

Read more
Answered on 10/01/14, 9:12 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California