QUESTION
Divorced husband holds Power of attorney for my mom who has Altizmiers. What does this mean?
Asked on Jul 16th, 2013 on Divorce - California
More details to this question:
My Mom has Altizmers and is currently in a home. Her husband filed for divorce and it will be effective soon. He holds my mom's power of attorney now and says he will retain power after the divorice. What does this mean in terms of what he can and can not do and what rights do or will I have in concerns for my mother?
1 ANSWER
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If your mom has Alzheimer's then she is 'not of sound mind' I'm not sure how she can be in the process of divorce. Did her husband file and serve etc when she was 'of sound mind'? If her diagnosis coincided with the parts of the divorce that required her signature etc., you may be able to do a Motion to Set Aside. If the family members do not wish for him to continue to have a Power of Attorney then you and/or others would need to file a Conservatorship and ask the court to take the Power of Attorney away from the divorcing partner.
Answered on Jul 17th, 2013 at 4:04 PM