Q: Does durable power of attorney trump oc social services interferences
Being harrassed and medicare or family member trying to seize our assests
A:
In California, a durable power of attorney (POA) is a legal document that allows one person (the principal) to appoint another person (the agent) to make financial decisions on their behalf, even if the principal becomes incapacitated. This document can grant broad authority to the agent, including managing bank accounts, real estate, and other assets. It's a powerful tool for estate planning and managing financial affairs.
However, the presence of a durable POA does not automatically override the involvement of social services or other government agencies. If there are concerns about the welfare or financial management of someone under a POA, social services may investigate. This is especially true if there are allegations of abuse, neglect, or exploitation. The agency's goal is to protect the vulnerable, which can sometimes lead to conflicts with the agent acting under a POA.
If you're facing what you believe to be harassment from Medicare, social services, or family members attempting to seize assets, it's important to seek legal guidance. An attorney can help you understand your rights under the POA, navigate any disputes, and ensure the principal's wishes are respected and assets are protected. Taking proactive steps to address these challenges can help safeguard the principal's well-being and financial interests.
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.
