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Anderson, CA asked in Elder Law for California

Q: My Mom is 82 w/mild dementia and able to make decisions. Can she change Power of Attorney & choose where to live?

Her oldest daughter has Power of Attorney,

placed her in a facility without asking or talking to her about other living options she has available to her. She doesn't want to live nor need to live in a facility. She also has a Living Trust. She has options to live with relatives or in her own house with a live-in caregiver. She is asking to be able to change her Power of Attorney, and she is asking to be removed from the facility. She wants to live in her own house with a live-in caregiver. She has much support to do so with help from family and friends who are ready and willing to help her with all arrangements.

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Elder Law Lawyer
  • Mill Valley, CA
  • Licensed in California

A: So long as she has the "capacity" to make her own decisions, she can make her own choices, including revoking a power of attorney. If a contract was signed with a valid power of attorney in place, that will have to be looked at. You should have your mom see an estate planning attorney, to do proper planning and to obtain an independent evaluation of her capacity.

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