Asked in Estate Planning and Elder Law for California

Q: Parent declared " unable to direct personal and financial affairs.

Parents creates a DPOA.

Later on in life 2 doctors state in writing "unable to direct personal and financial affairs."

Later, parent tells other child " can you help me remove her as DPOA." Because parent and DPOA had arguement about healthcare.

Sibling states he's going to assist parents to try to remove DPOA.

Doctors have already tested the parent and declared them unable to direct their own personal and financial affairs.

parent has dementia of the Alzheimer's type with behavioral disturbances.

Is there anything current DPOA can do to stop sibling from proceeding?

Related Topics:
1 Lawyer Answer
Joshua D. Brysk
Joshua D. Brysk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Pleasanton, CA
  • Licensed in California

A: If the parent needs protection to avoid others taking advantage, the best course is a conservatorship. The conservatorship will supplant any powers of attorney and provide additional powers to the conservator. Otherwise, you can litigate to invalidate any new DPOAs on the basis of incapacity.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.