Legal Question in Elder Law in California

I have been sole caregiver for my mother (dementia) for the past 7 yrs. my sister is POA for her that was set up so my sister could get a trust for my mom. 10 days ago she gave me a 30 day notice to move. I know about the ansewer to UD. I want to know if I have any legal grounds to not have to move? mom is incompident.

Asked on 10/09/19, 8:46 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

If your mom was incompetent when the POA was given, it is invalid. If she was competent when it was given and has become incompetent, it is invalid unless it is specifically a “durable” POA. It sounds like you need to apply to become your mom’s conservator.

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Answered on 10/09/19, 9:42 am

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