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Power Of Attorney Process
Summary
To become a power of attorney in California, ensure the individual is mentally competent to sign the form, which must be notarized. If incapacitated, pursue conservatorship through the court. Suspected abuse should be reported to Adult Protective Services. Conservatorship involves managing personal and financial affairs and does not override wills or trusts but can affect asset management. The conservatees presence at hearings may be waived with medical documentation. Access to medical records requires written consent or a court order if the individual is incapacitated.Full Conversation
Jim
Hey Jim! How can I assist you with your legal issue today?
I need to figure out how to become power of attorney over my grandmother who has dementia in California to help with her financial expenses and make sure she is paying her bills and mortgage
To become a power of attorney (POA) for your grandmother in California:
- Ensure she is mentally competent to sign the POA.
- Use the California statutory POA form.
- Have the form notarized.
- If she is incapacitated, seek a conservatorship through the court.
Are there any specific details or concerns you have about the process?
- Ensure she is mentally competent to sign the POA.
- Use the California statutory POA form.
- Have the form notarized.
- If she is incapacitated, seek a conservatorship through the court.
Are there any specific details or concerns you have about the process?
There maybe outside influences abusing her under her current health conditions
Jim, it sounds like a serious situation that might require swift action. If you suspect your grandmother is being abused or unduly influenced, you can:
- Report the abuse to Adult Protective Services (APS).
- Gather evidence of the abuse.
- Seek an emergency conservatorship if immediate protection is needed.
Do you have any evidence or specific instances of the abuse that you can share?
- Report the abuse to Adult Protective Services (APS).
- Gather evidence of the abuse.
- Seek an emergency conservatorship if immediate protection is needed.
Do you have any evidence or specific instances of the abuse that you can share?
No specific evidence so far we know she has fraudulent activity going on in some of her accounts but she believes it is a lady who associates with my deceased grandfather in another state which is very inaccurate and not possible
If you suspect fraudulent activity and possible undue influence over your grandmother's finances, consider the following steps:
- Contact Adult Protective Services (APS) to report your concerns.
- Review her financial records and gather any suspicious evidence.
- Consult with an elder law attorney for guidance on obtaining conservatorship and protecting her assets.
Would you like more information on how to start this process?
- Contact Adult Protective Services (APS) to report your concerns.
- Review her financial records and gather any suspicious evidence.
- Consult with an elder law attorney for guidance on obtaining conservatorship and protecting her assets.
Would you like more information on how to start this process?
Yes how do I gain conservatorship in this situation?
To gain conservatorship in California:
- File a petition for conservatorship with the probate court.
- Notify your grandmother and her relatives about the petition.
- Attend a court hearing where a judge evaluates the need for conservatorship.
- Provide evidence of her incapacity and the necessity for conservatorship.
Do you need more details on any of these steps?
- File a petition for conservatorship with the probate court.
- Notify your grandmother and her relatives about the petition.
- Attend a court hearing where a judge evaluates the need for conservatorship.
- Provide evidence of her incapacity and the necessity for conservatorship.
Do you need more details on any of these steps?
If she is incapacitated I am I able to still become her power of attorney?
If your grandmother is incapacitated, a Power of Attorney (POA) can't be granted as she must be mentally competent to sign it. In this situation, pursuing a conservatorship is the appropriate course of action.
Do you need more details on filing for conservatorship or the specific documents required?
Do you need more details on filing for conservatorship or the specific documents required?
Yes
To file for conservatorship in California, you'll need:
- Form GC-* (Petition for Appointment of Probate Conservator).
- Form GC-* (Confidential Supplemental Information).
- Form GC-* (Confidential Conservator Screening Form).
- Form GC-* (Citation for Conservatorship).
- Form GC-* (Capacity Declaration).
Do you need more information on completing or submitting these forms?
- Form GC-* (Petition for Appointment of Probate Conservator).
- Form GC-* (Confidential Supplemental Information).
- Form GC-* (Confidential Conservator Screening Form).
- Form GC-* (Citation for Conservatorship).
- Form GC-* (Capacity Declaration).
Do you need more information on completing or submitting these forms?
What exactly is conservatorship?
Conservatorship is a legal concept where a court appoints an individual (the conservator) to manage the personal and/or financial affairs of another person (the conservatee) who is unable to do so due to incapacity. This can include making decisions about healthcare, living arrangements, and managing finances.
Do you need more information on the responsibilities of a conservator?
Do you need more information on the responsibilities of a conservator?
Will a conservatorship override any type of will or trust set up?
Generally, a conservatorship does not override a will or trust. However, a conservator may manage the conservatee's assets and finances, which could affect how the assets are handled during the conservatee's lifetime. The will or trust governs the distribution of assets after death.
Do you need information on how a conservatorship interacts with existing estate plans?
Do you need information on how a conservatorship interacts with existing estate plans?
Yes
A conservatorship can significantly impact the management of finances and assets during the conservatee's life. Here are some key points:
- The conservator manages daily financial affairs.
- Existing estate plans remain in effect unless modified legally.
- Consult an estate attorney to understand specific interactions.
Would you like more information on finding an estate attorney or understanding these interactions further?
- The conservator manages daily financial affairs.
- Existing estate plans remain in effect unless modified legally.
- Consult an estate attorney to understand specific interactions.
Would you like more information on finding an estate attorney or understanding these interactions further?
Does my grandmother have to be present during conservatorship?
Your grandmother generally needs to be present at the court hearing for conservatorship unless the court waives this requirement due to her medical condition.
Would you like more information on how to request a waiver if she's unable to attend?
Would you like more information on how to request a waiver if she's unable to attend?
In what cases would the court waives the requirement?
The court may waive the requirement for your grandmother's presence at the conservatorship hearing if:
- She is medically unable to attend (severe illness or disability).
- Attending would cause significant harm or distress.
- A medical professional provides documentation supporting her inability to attend.
Would you like more details on obtaining such documentation?
- She is medically unable to attend (severe illness or disability).
- Attending would cause significant harm or distress.
- A medical professional provides documentation supporting her inability to attend.
Would you like more details on obtaining such documentation?
What documentation would be needed proving she unable to attend?
To prove that your grandmother is unable to attend the conservatorship hearing due to her medical condition, you will typically need:
- A statement or letter from her treating physician detailing her medical condition.
- Medical records or reports that support the physician's statement.
- Any other relevant documentation showing her incapacity or the potential harm attending the hearing could cause.
Would you like assistance with how to gather these documents?
- A statement or letter from her treating physician detailing her medical condition.
- Medical records or reports that support the physician's statement.
- Any other relevant documentation showing her incapacity or the potential harm attending the hearing could cause.
Would you like assistance with how to gather these documents?
Yes
To gather the necessary documentation proving your grandmother is unable to attend the conservatorship hearing, follow these steps:
- Contact her treating physician and request a detailed statement or letter about her medical condition and incapacity.
- Obtain copies of her relevant medical records supporting the physician's statement.
- Compile any additional documentation that shows the potential harm or distress attending the hearing could cause.
Do you need assistance with contacting the physician or understanding the documentation process further?
- Contact her treating physician and request a detailed statement or letter about her medical condition and incapacity.
- Obtain copies of her relevant medical records supporting the physician's statement.
- Compile any additional documentation that shows the potential harm or distress attending the hearing could cause.
Do you need assistance with contacting the physician or understanding the documentation process further?
Yes, will her physician only release that information to someone is authorized to release?
Generally, a physician can only release medical information to someone who is authorized to receive it. If you are not yet her legal representative, you may need her written consent or a court order to access her medical records.
Would you like more information on how to obtain the necessary authorization?
Would you like more information on how to obtain the necessary authorization?
Yes
To obtain the necessary authorization to access your grandmother's medical records:
- Written Consent: If she is still capable, get her written consent to access her records.
- Court Order: If she is incapacitated, you may need to request a court order granting you access to her medical records.
Would you like more details on how to request a court order?
- Written Consent: If she is still capable, get her written consent to access her records.
- Court Order: If she is incapacitated, you may need to request a court order granting you access to her medical records.
Would you like more details on how to request a court order?
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