How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask lwpat Your Own Question
lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
Type Your Legal Question Here...
lwpat is online now
A new question is answered every 9 seconds

My mother lives in CA and has Alzeheimers, when she was diagnosed

This answer was rated:

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.
lwpat and 2 other Legal Specialists are ready to help you