My Mom, who didn't sign a will nor a Trust, is now incapacitated at 96. Is there a way in California to obtain Power of Attorney privileges in these circumstances? Again, thank you all in advance for any time and attention you give here. Thank you!
Just realized I used the word "incompetent" while you used the word "incapacitated." Are we talking about the same thing? Is your mother unable to make decisions on her behalf, or is she physically restricted? If she is unable to make decisions on her behalf, her doctor needs to agree with that, and give you paperwork that says as much. Then you can obtain guardianship.
Has she been declared incompetent by her doctor? In Illinois, that is first step. There is a form that is signed by her doctor (a standard legal form for the courts here), then taken to probate court judge for you to obtain guardianship of her. In Illinois, you can appear pro se, no need to hire an attorney.
You need a guardianship at this stage of things. An elder attorney would be helpful, if you can afford.
Dayle, what are the underlying issues? What are you trying to accomplish? Do you want a DPOA to handle her finances, or do you want a health care proxy/living will to handle her medical needs?
I'm not familiar with California law, but you may be able to become a health care surrogate, however if you are looking at a way to manage finances you will need a guardianship. You will need to speak to an attorney.
Power of Attorney is legal authority that can only be granted by the person. If your mother is incapacitated, she cannot give you power of attorney and you will have to seek guardianship. Please see an Elder Attorney right away!
Hope this is helpful. Good luck.
You need a guardianship at this stage of things. An elder attorney would be helpful, if you can afford.
Is she incapacitated mentally or physically?