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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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mother in law employment ?

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my 78 year old mother in law is financially incompetent so in an effort to help organize her affairs, my husband became her atty in fact a couple months ago. in our "auditing" of her financial life, we came to realize she can barely comprehend words on a written page. she is an adjunct teacher who has been called to teach 2 classes a semester for several years, including this semester. is my husband, as her atty in fact, legally obligated to inform the school of her waning ability to perform her job, or to instruct them not to rehire her next semester? conversely, can he get in trouble for not doing this without her consent (she'll never consent: she's a lifelong depressive who is also surely in denial about her waning abilities.)

Good afternoon and thank you for entrusting me to answer your question. I will do everything I can to assist you.

No law obligates employees (or their legal representatives) to inform their employers of weakness, incompetence, or inability to perform their job. It is up to the employer to identify workers who are poor performers and to determine whether they wish to keep those workers employed.

Thus, no legal liability could arise for an individual in your husband's circumstance as a consequence of his failure to inform your mother-in-law's employer of her inability to comprehend her finances or other written materials.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
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