How do I get power of attorney for an incapacitated parent?
Question Details:My father, age 85, became physically and mentally incapacitated within the past 2 weeks. As far as I know, he didn't leave a will or any wishes. I'm still investigating. He has social security and a monthly pension, that's directly deposited into his bank accounts. He has many outstanding bills. He's currently in the hospital, on a feeding tube, a mass brain tumor, which is inoperable because his heart is only pumping at 10%. He his unable to speak or sign the power of attorney forms from the banks. Soon I will have to move his things from his home.
I am sorry for your situation. You need to file an emergency Petition for Appointment as a conservator (over the person and his estate) of your Father. It is permitted under California Probate Code § 2250.
The purpose of a conservatorship is to protect and provide for adults in need of such assistance, in accordance with the best interests of those in need. The petition must include the name, address, and other information about the proposed conservator and conservatee, relatives, and the petitioner, and the reasons why a conservatorship is necessary. Also required is information about:
The proposed conservatee's inability to provide for clothing, food, health, and shelter
Whether the proposed conservator will be able to live in the conservatee's residence
The other alternatives considered and rejected by the petitioner
Health and social services the proposed conservatee received during the year preceding the petition
The proposed conservatee's inability to manage his or her finances
The petitioner has the burden of showing good cause why the conservator should be appointed by the court.
The advice of a conservatorship is the only way in which you can manage your father's assets during his lifetime.
It sounds like your father's health situation is deteriorating and he may not have long to live. If your father passes away from his illness, then you would file in the Probate Court to be the administrator of his estate.
Whether or not you file for a conservatorship may depend upon the seriousness of his illness and the total amount of his assets. If your father does not have significant assets, other than his pension, there may not be any reason to file for a conservatorship at this time. You should discuss all of these factors with an attorney before you do anything. Call my office if you would like to discuss this matter further.
Robert Spitz.
909 395 0909
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