Legal Question in Wills and Trusts in California

How does power of attorney work in cases where the parent is no longer there, mentally, has offspring, and has NOT written anything in the will about power of attorney? If one of his children asks to get power of attorney because of his/her parent's weakened metal state, is it given to that sibling without informing the others first? Suppose that sibling happens to be a con artist, hoping to take his/her parent for all his money? Lastly, where do you go to get power of attorney in this case? The state? Hire an attorney?

P.S. I wasn't sure which type of law this fits into, but I thought it might go with Probate, Trusts, Wills, and Estates. Is it better suited elsewhere?

Asked on 4/10/18, 7:27 am

1 Answer from Attorneys

Gerald Dorfman Dorfman Law Office

When a person loses their mental capacity, they can no longer give anyone a valid power of attorney. If they have not previously provided for someone to take charge of their affairs (in either a power of attorney or a trust), then court action is needed in order to have someone take over. The impaired person will need to have a conservator appointed by the court. The court will need to be convinced that the person is not able to handle their own affairs and that the nominee is appropriate for the job. Hiring an attorney would be the best course of action.

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Answered on 4/10/18, 7:37 am

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