Power of Attorney for spouse of incapacitied

[kevin51261]

What is the name of your state (only U.S. law)? California

My mother's husband (of 38 years) was recently hospitalized and diagnosed with advanced stage Alzheimer's. Her husband's two daughters (from a previous marriage) are trying to take control of their father's person, finances, etc by applying for conservatorship and trying to by pass my mother's authority. How can my mother get power of attorney, now that my step father is incapacitated and unable to make decisions on his own?

[tecate]

I think the best answer is a question: how can your mother's husband appoint an agent if he is incapacitated?

If a conservator is necessary, she has priority.

[Dandy Don]

Is the mother mentally competent? She needs to at least have a consultation with a family law attorney to help her decide if she wants to challenge or object to the daughters conservatorship claim. Conservatorship should not even be necessary if mother is mentally competent.