Legal Question in Elder Law in California

My father in law has been in the hospital for 1-1/2 months know . He seems to be getting worse to where he cant hold a conversation or male financial decisions. What is the best way to take control of decisions and help make sure his bills get paid? He has some family but no one he really got along with. He is actually my ex step dad. But have always been in my life like a father. In fact he raised my son. He is actually leaving most of his money to my son. My son is actually in jail and will be there for probably a year. Don't know what to do. Power of attorney, guardianship, conservatory?

Asked on 7/29/14, 10:14 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If the man is 'legal incompetent', he can not give a power of attorney now, it is too late. You'll have to file for legal guardian or conservator over him in probate court in the county where he is located. It is not an easy process for a non lawyer, but you can seek help from the local legal aid society, local law schools, local bar association pro bono panels, etc. Ask for help and referrals locally. Try asking attorneys listed as probate specialists fir referrals if pro bono or reduced fee. Worst case scenario is to get the Public Guardian involved, as they will take over and you and the man will lose control.

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Answered on 7/31/14, 11:29 am

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