Legal Question in Wills and Trusts in California

My father has dementia and hasn't appointed a power of attorney to manage his legal and financial affairs. Who does the court recognize to do that for him ?


Asked on 5/20/11, 10:25 am

2 Answers from Attorneys

In the situation you describe, no one is permitted to take over his affairs without a durable power of attorney granted before he became incompetent, unless and until they are appointed his conservator by the Superior Court. Anyone can apply to be appointed his conservator, but of course they will have to persuade the court that they will act with utmost good faith and honesty, and in his best interests. California law also provides for the Public Defender's office to have a unit called the Public Guardian, that provides conservatorship services for people without enough money to justify hiring a lawyer to get a relative appointed conservator. Generally these are people receiving only SSI or SSDI or other pubic support, and are in full time care.

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Answered on 5/20/11, 10:32 am
Kurt Seidler Law Offices of Kurt A. Seidler APC

If he has any estate (funds or property) to speak of, you would also have to post a bond, which requires filling out what looks like a loan application, and go through a credit check.

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Answered on 5/20/11, 11:09 am


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