Legal Question in Wills and Trusts in California

wills and power of attorneys

My aunt suffered a debilitating stroke. She is a widower and my mother is her nearest of kin. She now resides in a convalescent home. She has no will nor a power of attorney. My mom tried to get a power of attorney before by using the covalescent homes lawyer but she said my aunt couldn't answer the questions appropriately the lawyer was asking to process the papers. Nothing was done at the time and now other issues are surfacing. The only way to answer those questions is to obtain the power of attorney. Please advice!!


Asked on 2/29/08, 7:13 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: wills and power of attorneys

seek a conservatorship.

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Answered on 3/02/08, 10:40 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: wills and power of attorneys

If your aunt is imcompetent to give a POA, etc. your mom's only option is to get appointed conservator of her body and of her estate. Hire a local probate lawyer.

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Answered on 3/02/08, 5:15 pm


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