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lwpat, Attorney
Category: Legal
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Experience:  Actively practicing trial attorney
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My mother lives in CA and has Alzeheimers, when she was diagnosed

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My mother lives in CA and has Alzeheimers, when she was diagnosed my eldest sister got a medical power of attorney. My mother is now in a state of mind she does not know her name or who she is her Husband, my step father, a month ago, has gotten a durable power of attorney. First is this legal if she cannot sign her name? If it is does his power of attorney trump my sisters medical power of attorney? And lastly, if they are married why does he need a durable power of attorney?
The power of attorney is probably not legal since she did not have capacity. It does not trump the health care POA, they are two separate instruments. The durable POA is for financial. I would be concerned if she has significant assets since they may disappear. If that is the situation, then you need an attorney. Obviously you are concerned so there must be a reason. My recommendation would be for the oldest sister to file in court for guardianship and conservatorship. He will probalby contest but blood should win out.
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