Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
California offers tools to help an elderly heir who can no longer make personal or financial decisions. You can use a durable power of attorney, an advance health care directive, or seek a court-appointed conservatorship. Choose the least restrictive option that meets your needs.
Durable Power of Attorney for Finances
A durable power of attorney lets an agent handle finances if the principal loses capacity. You create this document under Prob. Code § 4000 et seq. It takes effect on signing or upon incapacity. You can limit powers and terminate it when capacity returns.
Advance Health Care Directive (Medical Power of Attorney)
An advance health care directive appoints an agent to make medical decisions. You execute this under Prob. Code § 4701 et seq. Include treatment preferences, organ donation, and end-of-life instructions.
Conservatorship of the Person or Estate
If the heir lacks capacity and no agent exists, you can petition the court for a conservatorship. The court can appoint a conservator of the person, estate, or both under Prob. Code § 1800 et seq. The conservator must act in the conservatee’s best interest, file an initial inventory, and submit regular accounting reports to the court.
Helpful Hints
- Assess capacity with a medical evaluation before signing any legal documents.
- Discuss your wishes clearly in writing to guide agents and the court.
- Choose a trustworthy agent or conservator to avoid conflicts of interest.
- Use the least restrictive alternative first, such as a power of attorney rather than conservatorship.
- Keep copies of all documents and share them with family members and relevant professionals.
- Consult an elder law attorney for complex or contested situations.