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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7406
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My mother died, my dad is still living and is the

Customer Question

my mother died, my dad is still living and is the beneficiary of their joint bank account. my dad is an invalid and has the start of dementia so he can't go to the bank. because my mom didn't bring in her living trust documents we need some kind of legal document that the court states my dad is incapacitated to be able to access his accounts
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

A few more minutes please as I am researching this.

Expert:  LegalGems replied 1 year ago.

If an individual is at the beginning stages of being incapacitated, it is still possible for that person to execute a power of attorney. Power of attorney documents (POA) can be used for a variety of purposes, including accessing one's bank account. The person that grants the POA is the principal; the attorney in fact is the agent. When a person is exhibiting signs of dementia then the most prudent method to ensure the POA is valid is to consult with both an attorney that specializes in estate planning, and an elder care doctor. During periods of lucidity, the individual (prospective principal) can execute the document. They basically need to indicate that they understand and consent to the legalities of the document. If the person is past the point where there are no periods of lucidity, then a conservatorship needs to be obtained. This is a costly and time consuming process, but it enables a third party to act in the best interests of the ward, to ensure that their property is being safeguarded. One moment please.

Expert:  LegalGems replied 1 year ago.

More information on POA:http://www.alameda.courts.ca.gov/pages.aspx/Powers-of-Attorney#11

Expert:  LegalGems replied 1 year ago.

relevant codes here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=04001-05000&file=4120-4130

Expert:  LegalGems replied 1 year ago.

Information on conservatorships here: http://www.courts.ca.gov/selfhelp-seniors.htm

Expert:  LegalGems replied 1 year ago.

This agency offers various services depending on location; most will prepare the POA for free: https://www.aging.ca.gov/ProgramsProviders/AAA/AAA_listing.asp

Expert:  LegalGems replied 1 year ago.

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