Legal Question in Elder Law in California

I have Durable Power of Attorney and Power of Attorney Health Care for one of my parents, my mother. She is still married. Who has legal authority over her assets and health,, her husband or my powers of attorney?


Asked on 10/31/15, 5:46 am

1 Answer from Attorneys

If properly drawn, you should have full control over her healthcare decisions. Assets are a little more complicated. Any assets that are clearly and indisputably her sole and separate property, you should have control over, but there is no clear or simple answer for any community property with her husband.

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Answered on 10/31/15, 12:27 pm


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