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What do I need to do to get a free power of attorney to care for my Mom who has been diagnosed with dementia?

Santee, CA |

My Mom is verbally abusive and will not agree to anything I suggest. I sold all my belongings and moved here, with my granddaughter, from out of state, to help her. I have nothing of my own any longer, and living with her has become an absolute hell. She needs help but refuses to let anyone help her. She has become extremely mean and no one wants to be near her, although they know she needs help. I have a sister, but she refuses to help. Actually she is on public assistance and would be unable to help anyway. I am at wits end, and don't know which way to go.

Attorney Answers 3


It is possible your mother can give you a power of attorney. You would want an need a "durable" power of attorney for health care and to care for her estate. If you do an internet search for California Durable Power of Attorney you should find some good forms with explanations.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

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If she is too far gone to help herself, you might have to get the Court to appoint you as her Conservator. That makes you responsible for her, just like a child, and she cannot make any more legal decisions. If you waste her money, you can be sued by your sister or the Court. Measure twice cut once.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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If she is too far gone to make decisions, then she can not sign a durable medical or durable financial power of attorney and you must seek to have a guardianship and a conservatorship set up.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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