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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Not sure this is family law, but... Our mother is in the

Customer Question

Not sure this is family law, but...
Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her conservator. But I remember when I was my grandmother's conservator I also had a Durable Power of Attorney. The most immediate need is to pay her bills and I'm wondering what are the steps we should take in this process? She is in California and has done absolutely nothing prior to this event (no medical directives, Power of Attorney, etc.).
Thank you
Submitted: 1 month ago.
Category: Family Law
Expert:  Lawyer Lori replied 1 month ago.

Good afternoon. My name is ***** ***** i will be the expert providing you with information today. Since your mother is in the hospital in California, I am assuming that you are also in California. Please give me a few minutes to type my response to your question.

Expert:  Lawyer Lori replied 1 month ago.

In California, there are two types of conservatorships - one is limited, but the one you would be seeking is a general conservatorship. This means that your abilities are not limited. You will be able to handle her finances as well as her care.

A Durable Power of Attorney is created by the person before they become incapacitated and appoints the person that they want to have financial control in the event they are unable. As your mother had not created a Power of Attorney before this happened, the appointment of a conservator will be able to deal with financial issues.

Expert:  Lawyer Lori replied 1 month ago.

Please let me know if I can provide you with any further information.