Larry

[u062922]

What is the name of your state (only U.S. law)? California
My mother-in-law needs someone to manage her money. My wife and brother-in-law agree on this principal but don't seem to know what to do. Is it possible to get a power of attorney, or maybe a conservatorship. We don't know which is best and how to go about getting one or the other accomplished. My mother-in-law is not a danger to herself from what we see, she has no concept of money or how to manage money. She will be putting up her trailer home for sale this Friday. What is the difference between a Power of Attorney and a Durable Power of Attorney?

 

[anteater]

If MIL is legally competent and she wishes to, she can grant Power of Attorney to whomever she wishes. (Since she is deciding to sell her property and handle the provess, I would assume that she is.) It is her choice, not yours. If not being a decent money manager were grounds for establishment of guardianship/conservatorship, then half the country would have guardians/conservators.

A Durable POA survives the grantor's legal incapacity. I don't know about California, but many states assume a POA to be durable unless the POA document explicitly says otherwise.