Legal Question in Wills and Trusts in California

How do we get power of attorney on parent in the hospitial

My father is in the hospitial with allztimers and has no trust no will no power of attorney. He is in california, and I live in michigan.

Thank you


Asked on 2/16/01, 11:13 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: How do we get power of attorney on parent in the hospitial

Power of attorney would be easy enough, draft the instrument, have it signed by your father and notarized. The problem is however, as he has alzeimer's disease, then he may not have the legal capacity to enable the document enforceable. What you need to do is to establish a conservatorship. You need to have the court appoint you as his conservator to make binding decisions for him regarding medical care and financial matters. Please call me directly at (619) 222-3504.

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Answered on 4/03/01, 10:08 am

Re: How do we get power of attorney on parent in the hospitial

To Whom It May Concern:

This is in response to your email which you submitted on February 16, 2001 and which we received on April 2, 2001.

If your father is a resident of California, then California law would apply to your situation and I recommend that you pose your question to a lawyer in California. Nonetheless, if your father has reached the stage where he is no longer competent, then it is too late for him to execute a valid will or trust, etc. When he dies, his estate will be distributed in accordance with the �intestate� law for California.

Sincerely,

Charles L. Nichols

(313) 561-5700

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Answered on 4/04/01, 3:24 pm


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