Legal Question in Wills and Trusts in California

Dad's incapacity and new POA

Hello,

My father was declared incapacitated by his 2 doctors a few months ago. Now my brother wants him to sign a new POA so I am no longer in control of Dad's care. If he takes him to an attorney, will the new POA take over or can I have it invalidated someway? I appreciate your input.


Asked on 11/14/08, 10:05 pm

3 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Dad's incapacity and new POA

You may want to seek a conservatorship. That would make it impossible for your brother to get a power of attorney.

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Answered on 11/14/08, 10:46 pm
Todd Stevenson Stevenson Law Office

Re: Dad's incapacity and new POA

If two of your father's physicians have found that he lacks capacity, then what you say your brother is doing might be considered "elder abuse". It is likely you would succeed in setting the new Power of Attorney aside.

Additionally, since you are in control of your dad's care, you might consider taking some additional legal steps now (rather than waiting for your brother to do what you suspect he will do and then trying to unwind it).

Please call my office if you would like to discuss this matter further.

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Answered on 11/15/08, 12:24 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Dad's incapacity and new POA

If dad lacks the capacity to understand what he's doing, then anything he signs can be set aside.

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Answered on 11/15/08, 5:01 am


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