Legal Question in Elder Law in California

My mom just has a Durable POA. My concern is that if anything happens to her and she cannot make decisions (like if she is on life support - I know for a fact she she doesn't want a DNR), would I be able to, as the Durable POA, make medical decisions for her? She also has early signs of dementia and decisions will ultimately need to be made about her future care.

Is the Durable POA enough for me to make all of these decisions for her, as well as her financial decisions?


Asked on 3/11/14, 10:05 am

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

It is impossible to answer your question without reviewing the durable POA.

You may wish to investigate a power of attorney specifically designed for health care decisions. Many senior centers have a panel of attorneys that can point you in the right direction as to how to obtain the necessary form.

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Answered on 3/11/14, 10:17 am
Terry A. Nelson Nelson & Lawless

No and no.

POA is not sufficient for any but simple tasks and decisions on her behalf. It will generally not be honored for major issues, such as real property, title transfers, etc. If she is no longer 'competent' then it is too late for her to create a trust and will to properly dispose of all her assets, and a POA with DNR for her health decisions, then someone needs to seek Guardianship or Conservatorship over her to allow all decisions to be made for her, as necessary.

If serious about hiring counsel to assist in this, feel free to contact me.

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Answered on 3/11/14, 10:44 am

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