Chula Vista, CA asked in Uncategorized for California

Q: poa was granted 12/12/20 do to mental incompetence. individual filed a restraining order on their own 1.22.21

is this Ro valid? shouldn’t it have been filed by whoever took the power of attorney?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: You confuse the powers and rights between a Power of Attorney and a Conservatorship. The grantor of a POA does not lose the right or power to act on their own, they merely appoint another person to be able to exercise equal powers. In a Court granted Conservatorship, the person could lose the ability to act on their own but not always. So the short answer is NO.

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