Legal Question in Wills and Trusts in California

You need to apply for and obtain a conservatorship over your mother. It is too late to get a power of attorney, since it sounds like she lacks the capacity to give informed consent to that.

I concur. You apply for temporary conservatorship pending permanent conservatorship of the estate and person of your mother. This is done through the probate department in your local county courthouse.

Unless you have a trust and powers of attorney, you will need to be appointed as conserverator of the person and estate by the probate court. The process can be fairly daunting and take an extended period of time if you try it yourself and don't get the paperwork right because the court will keep continuing your matter. Our office handles these types of matters. If you would like to discuss, please contact me. 858.558.1191

I also agree with the other attorneys here. Because your mother probably no longer has the capacity to grant you power of attorney or to appoint you as trustee of her trust, you would need to obtain a conservatorship in order to proceed on her behalf. There are two types of conservatorships: conservatorship of the estate and conservatorship of the person. Sometime both types of conservatorship are needed, which may be the case with your mom. An attorney can advise you as to which type or types of conservatorship would work best in your situation.

If you are appointed as your mother's conservator, you can request that the Probate court grant you the power to obtain a loan secured by your mother's real property. Such a loan would have to be for your mother's benefit. Among other things, while your mother is under a conservatorship, you would be required to prepare yearly accountings to the court, as well as yearly evaluations of your mother's condition by the Probate Investigator.