Legal Question in Wills and Trusts in California

My mother was diagnosed with Dementia 3 yrs ago. What forms do I need to have docters sign to state she is mentally incompentent in order for me to handle her affairs. I have power of attorney already via her Living Trust.


Asked on 10/28/09, 4:14 am

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

If her assets and accounts are already in the name of the trust, then the POA allows you to handle those financial affairs. If your mother signed a Health Care Directive also naming you, then you (or the perosn designated) would have the authority to interface with doctors regarding her medical decisions. One caveat: I have not seen the actual documents and the best thing to do would be to meet with an attorney to have these documents reviewed so you understand exactly what powers have been conferred to you. I would be happy to discuss this with you further.

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Answered on 11/02/09, 12:02 pm
Scott Linden Scott H. Linden, Esq.

I agree with Attorney Feldman. If the hospital does give you a difficult time, it may be because the previously prepared documents are incomplete or they question their valididty. If necessary, you may need to have a conservatorship, but that would be a last case scenario.

I would need to review your documents to provide you with a better assessment.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 11/02/09, 2:05 pm


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