Legal Question in Family Law in California

My mom has dementia and her friend has been her power of attorney for the past 4 years but do to certain circumstances i would like to take over but need more information on the process.

Asked on 6/08/16, 11:11 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Unless your mom's friend has a "durable power of attorney" the power of attorney is void. A regular power of attorney is only valid for the things the person who gives it could do themselves. A person who no longer has the mental capacity to conduct their affairs cannot legally do anything binding, and therefore neither can the holder of their power of attorney. In any case, you are going to have to get a conservatorship over your mother by filing a conservatorship petition in court. You would then have to demonstrate that your mother cannot handle her own affairs AND either a) no one currently has the power to manage her affairs because the normal power of attorney has expired, or b) have the consent of the holder of a durable power of attorney agree to surrender the power, or c) convince the court that the holder of the durable power of attorney is not acting properly and in the best interests of your mother and therefore needs to be replaced.

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Answered on 6/08/16, 12:09 pm

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