Legal Question in Elder Law in California
My elderly father is in a care facility. He has dementia. My mother has been signing his Pension check each month and cashing it and paying for his care. Just a couple of weeks ago, my mother had a stroke and it appears that her health is beginning to fail. In the future she may no longer be capable to do his banking. I have a power of attorney for my mom to do her banking, etc. if she is no longer able to. But my question has to do with my father...can I get a power of attorney for him if he has dementia? If not, what If my mom is incapacitated in the future and his check comes, is there any way we can cash his check and pay for his board and care? Please advise. Thank you.
2 Answers from Attorneys
Your mother should not have been handling his affairs without proper legal authority. You cannot get a power of attorney from a person with dementia. You have to get appointed conservator for him.
A Conservatorship or Guardianship over him, and probably over her, is the only proper way to now deal with the problem. An impaired person can not give a valid power of attorney. If serious about pursuing this, feel free to contact me.
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