Anaheim, CA asked in Family Law, Gov & Administrative Law and Public Benefits for California

Q: Does durable power of attorney trump oc social services interferences

Being harrassed and medicare or family member trying to seize our assests

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

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.

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