How do I go about establishing incapacity or incompetence on my 90 year old stepmother survived by my father?

Asked 9 months ago - Redding, CA

Dad recently died and stepmothers DPOA states that upon his death my stepsister and myself are then her appointed coattorney in fact and coexecutors. My stepmother is 90 and unable to care for herself or make competent financial decisions. My stepsister is isolating her and refusing to work jointly with me on making sure she is protected. They immediately closed bank accounts and credit cards that he had set up to receive his retirement and social security from and to pay bills (including her supplemental medicare). My sister also is coagent on her Advanced Medical Directive and is being blocked by my stepsister on being involved in her healthcare. She has fallen 3 times and been sick with UTI to which my stepsister neglected to seek medical attention for.

Attorney answers (1)

  1. Ivette M Santaella

    Contributor Level 18

    Answered . Hello,

    I would recommend that you first talk to your stepsister and advise her of your concerns and find a way to work together for the benefit of your stepmom.

    If this does not work, then there are various legal remedies you may want to consider by first consulting with an attorney:

    •A motion for a TRO and preliminary injunction;
    •A Probate Code 850 petition to decide ownership of assets that your sister transferred;
    •A petition to revoke your stepsister's as agent in your stepmom's power of attorney & medical directive;
    •A petition under Prob C §§4541 to evaluate your stepsister's actions & to compel an accounting.

    An attorney will assess your situation and decide the best course of action for your stepmom.

    Good luck.

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