Legal Question in Wills and Trusts in California

Re: power of attorney

Unfortunately, you will need a conservatorship of the estate to allow access to the account for paying bills, taxes, etc. A power of attorney can only be granted by someone with capacity--if she has not done so, you will need to have the court give you this power. Likewise, for health decisions, if no power of attorney exists for health care, a conservatorship of the person is needed.

These can be applied for simultaneously, and can also be granted on a temporary/emergency basis. It's a difficult area, so see an attorney familiar with conservatorship law.

One more thing--if the assets are held in a trust, then the successor trustee would have access to them for the benefit of the trustmaker, and this would avoid the need for a conservatorship, so make sure this is not the case here before starting the conservatorship.