CAL Hostile patient refuses treatment - I am POA

[DanaS]

CALIF:I am mentally ailing Auntie's POAs (Durable for Health Care & Springing). Banker and others call with significant concerns. Her M.D. cannot get anywhere; she declines mental testing. Social workers cannot help as she refuses to speak to them. Her attorney is recommending that I obtain a second lawyer and begin conservatorship proceedings. What good are her POAs if I must go to court? Is there any way I can temporarily step in to get her properly assessed to be certain she is indeed disabled in her decision making, prior to going forward with a conservatorship? Thank you for your time. Very much appreciated!

 

[ALawyer]

Powers of Attorney -- and I assume you are talking about financial POAs -- are excellent if you have a need to act to handle A matter or type of matters (like bills) to assist the person giving you the power.

BUT the principal (Auntie here) retains full power to act herself. In other words, BOTH of you can act. If she is doing inappropriate things with HER money, such as giving large gifts to caregivers, or charities she can ill afford to be generous with, etc, then that's likely NOT in her interest.

If it is a Health Care Power of Attorney, essentially that's only useful when and if she can not make her own decisions, as if she'd be in a coma.

A conservatorship ENDS her power to act for herself, and only the conservator can act. BUT be careful and make sure you get a good lawyer who gets the evidence first and is convinced a conservator will be appointed. If you seek to name a conservator, and she opposes it and you lose, Auntie may be so angry that she cuts you out of the Will, etc.