Hanford, CA asked in Estate Planning, Elder Law and Probate for California

Q: How can I get power of Attorney for my ex husband after his stroke? He doesn't understand & can not write

His daughter took his truck right after he had his stroke & all they are after is money or what ever they can get.

2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Probate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: If he is not capable of consenting to a power of attorney, you can not get one. A conservatorship may be appropriate. The court can appoint someone to handle the affairs for someone who cannot do so themselves.

Patricia Ann Simmons
Patricia Ann Simmons
Answered
  • Estate Planning Lawyer
  • Vallejo, CA
  • Licensed in California

A: Unfortunately, since your ex-husband suffered a stroke and currently cannot understand, he cannot execute a power of attorney. You should contact a probate attorney who handles conservatorships, to have an conservatorship established for him, to preserve his finances and his assets.

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