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I`m the oldest child and named as the person appointed on…

I`m the oldest child and...
I`m the oldest child and named as the person appointed on his will. my question is my father neglected to have a power of attorney made in case of becoming incapacitated or unable to handle any/all of his affairs and/or make any type of decisions or able to sign his name. he recently had a major stroke now he parallelized o n one side and has to be feed trough a surgery inserted tube plus is in a medical facility for rest of his days. How and what needs to happen and be done to resolve this situation ?
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Customer reply replied 4 months ago
we live in Alameda county thanks
Answered in 11 minutes by:
3/8/2018
RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 15,221
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I'm very sorry to heat about your father. Please give me a few minutes to type out a response to you.

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Good evening,

If an individual no longer has the capacity to sign a Power of Attorney appointing someone then you would have to petition the court to take conservatorship of your father. Conservatorship (also sometimes called guardianship) is the process by where a court appoints a competent adult to manage the affairs of an incapcitated adult.

This is a rather complex process, and I would strongly recommend that you at least consult with an elder law attorney to discsuss the matter before taking any action. The California Courts website also has a lot of information on the conservatorship process, the filing of the petition (with the forms you'll need), and so forth. You can see that information here.

RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
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Customer reply replied 4 months ago
thank you is there any court fee`s involved ?
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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