Legal Question in Elder Law in California

My sister currently has medical power of attorney for our mother, but my sister has since moved away and mother's Alzheimers condition has declined considerably. Mother is no longer able to understand or sign anything. My sister and I have agreed that I should have medical power of attorney since I am supervising her medical needs and am geographically close by, but the forms that I have found require my mother's notarized signature, which she is unable to provide. How can we add my name to the medical power of attorney? I would rather avoid a full conservatorship if possible.


Asked on 8/18/09, 8:53 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If the mother is incompetent, as indicated, you can no longer obtain POA or change in it from her. If you need to obtain those kind of powers over her, if the sister is not willing to cooperate with you, then you will need to file a legal action seeking Guardianship or for Conservatorship. If serious about doing so, feel free to contact me.

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Answered on 8/18/09, 9:06 pm


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