Q: Does a person with Dementia have any less rights or different laws when they are a heir to a probate estate case
Also the person Has DPOA and HCPOA.
A:
In California, a person with dementia has the same legal rights as any other individual, including the right to inherit from a probate estate. However, if the person with dementia is unable to make informed decisions due to their condition, their legal rights may be affected.
If the person has a durable power of attorney (DPOA) and a healthcare power of attorney (HCPOA), this can help to ensure that their interests are protected. The DPOA allows a designated agent to make financial and legal decisions on behalf of the person with dementia, while the HCPOA allows the agent to make healthcare decisions.
In a probate estate case, if the person with dementia is a beneficiary or heir, their rights may be protected through their agent under the DPOA. The agent can act on behalf of the person with dementia in matters related to the probate estate, such as filing a claim or contesting a will.
However, if the person with dementia does not have a DPOA or HCPOA, and they are unable to make informed decisions, the court may appoint a conservator to act on their behalf. The conservator will have the legal authority to make decisions related to the probate estate.
It is important to consult with an experienced probate attorney in California if you are involved in a probate estate case that involves a person with dementia. The attorney can help you understand your legal rights and options, and can advise you on the best course of action to protect your interests. Additionally, the attorney can help you navigate the complex legal issues that can arise in such cases.
Nina Whitehurst and Yelena Gurevich agree with this answer
1 user found this answer helpful
A: Just having a diagnosis of dementia does not automatically disqualify a person from handling his own assets or health care decisions. A physician must sign a document stating that the person has lost his mental capacity, as that term is defined in the law. Assuming that a physician has certified your loved one has lost his mental capacity, that only means he can’t handle his own affairs. He’s still able to inherit assets. The probate judge should be informed about the loss of capacity, so the judge can be sure to protect the inheritance from scoundrels who want to take advantage of the situation. Best wishes!
Nina Whitehurst and Yelena Gurevich agree with this answer
1 user found this answer helpful
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.
