Fnding a Power of Attorney, Health Proxy ect.

[fburke]

California


I have an aunt who isn’t doing well in California (I live in Massachusetts). I’m trying to find out if she has any legal documentation like a Will, Power of Attorney, Health Proxy ect.

I am her only living relative and was tracked down by a neighbor who was concerned of her well-being.

No one seem to know if she had a personal attorney and she is in no condition to answer these questions (Alzheimer’s)

I was wondering if when you do any legal documentation if you have to record such information such as who holds these documents.

I want to do what’s best for her but I don’t know how to go about locating this information, if there is any to locate.


Their seems to be a man in her life who the neighbor and live in housekeeper seem to think he’s just taking her money, drives her car and is waiting to take the house. No one is sure if he has legal right to anything or not.

He has cut her off from the world. Taken her address and phone books, he collects her mail and removes bank statements. He has her checkbook where her monthly income gets deposited into, and buys all the groceries and if they need anything they have to go through him, which he usually denies it unless it’s a necessity.

He does not know I have been contacted and am planning a trip out there. I need to confront him but what should I ask him and how do I regain control legally if he refuses to respond to me?

I’m afraid if I confront him he will just clear out her accounts and deny any wrongdoing.

 

[Dandy Don]

He probably got her to sign a POA and has it with him, so you won't be able to get access to get a copy.

Get this man's name from the neighbor and pay a private investigator $100-$200 to have his background investigated to see if he has any criminal charges. Or let the attorney confront this man and find out if he has the POA and if so then to get it revoked and then get guardianship/conservatorship established.

And have attorney check at the bank to see how the accounts are titled and whether this man is named as an account beneficiary.

 

[BlondiePB]

fburke,
You really need to hire an attorney in CA now, and hiring a PI is also a good idea for a background check on your aunt's "friend". If you are going to petiton for conservator/guardian for your aunt, you'll definitely require the assistance of an attorney. A conservator/guardian must petition the court for permission to move a ward PRIOR to a ward being moved.