Legal Question in Wills and Trusts in California

Re: Wife in crisis

The son would have to go to probate court and seek a conservatorship. And then the son with the supervision of the probate court could handle the Father's affairs. Or the Father would have to sign another notorized power of attorney.

Re: Wife in crisis

Not without the husband's signature, and he may not have capacity to sign. Or, perhaps the son was named an alternate agent in the power of attorney, and the first agent can't or won't take the agent job.

The son could also accomplish the same by petitioning the court to be appointed the husband's conservator--this would take a noticed court hearing.

Re: Wife in crisis

If the father has dimensia, chances are that a new power of attorney could be contested. The only real option would be for the son to petition the court for a conservatorship.

Re: Wife in crisis

The first thing you have to know is whether the wife's power of attorney is "durable" or not? If it is a "durable power of attorney" then the wife's power of attorey endures the husband's incapacity. If the husband has lost capacity and the wife's power of attorney is not durable then the wife has to get a conservatorship.

Likewise, the son has to consider whether the husband has capacity or not. If the husband has capacity then he can sign a new power of attorney but it sounds to me like the husband has lost his capacity or at least his ability to resist undue influence.

That is why everybody is telling you to get to the probate court to file for conservatorship. Even if there are valid powers of attorney they can become very dangerous with more than one out there. Only a conservatorship will bring an end to the chaos at this point.

One note of caution. For the conservatorship there must be a doctor's declaration stating the mental condition of the husband. Wife or son, whoever is applying for the conservatorship should NOW get an authorization from Husband to get medical records from specific doctors. You should call an attorney to get this done right. It's a one page form. No more than $100.00 I am sure.

But that is just your first step. Then you must file for conservatorship and this will cost a couple of thousand dollars.