Legal Question in Elder Law in California

My father and I are trying to get power of attorney over my grandfather who is a US citizen living in the Philippines on a residence card. He's had several strokes and is not mentally capable enough to assign power of attorney to me. The IRS is also using court orders to get money from his account to pay for taxes he has not paid. Without this money, we will not be able to afford proper medical treatment for my grandfather or afford costs of living. He does not have a home or place of residence in the U.S. but he does have a PO Box in San Fransisco. How would I go about getting a U.S. recognized POA form completed while he is living in the Philippines so that my father and I could handle all his financial matters?


Asked on 5/23/16, 12:57 pm

1 Answer from Attorneys

If he is not mentally competent, the power of attorney would be void. The holder of a power of attorney can only do what the grantor of the power could do him or herself. A person who lacks the mental capacity to act on their own behalf lacks the mental capacity to give a power of attorney. Furthermore, even if the person has capacity to give the power, it becomes void once the person becomes incapacitated or dies unless it is specifically made a "durable" power of attorney. What you need to do is obtain a conservatorship over him. You will need a lawyer with contacts in the Philippines to help you with that.

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Answered on 5/23/16, 1:05 pm


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