QUESTION

Million dollar Medical malpractice settlement taken by spouse using Power of Attorney

Asked on Feb 22nd, 2015 on Elder Law - California
More details to this question:
KL was injured in a medical operation in 2001 and receive policy limits from an anoxic brain injury. Since that time she has had severe mental capacity issues, lives in a care facility and is on a number of medication including Seroquel an Atypical antipsychotic drug for the treatment of Schizophrenia. Recently her husband drafted and had her sign a durable power of attorney allowing himself to gift to others and himself all of her personal property including her medical settlement and retirement. He has also drafted a new will. During this time her treating neurologist has stated: "KL suffered a severe anoxic brain injury in 2001. She has been under my care since that year. She has been left with significant cognitive impairments, including poor memory and impaired judgment. She cannot be relied upon to make reasonable decisions in her financial affairs. This situation will not change in the foreseeable future." This is further backed up by another treating doctor.
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1 ANSWER

Probate Attorney serving Roseville, CA
Partner at James Law Group
2 Awards
You need an attorney to file for conservator ship and to recover the money ASAP.
Answered on Feb 22nd, 2015 at 8:50 AM

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