QUESTION:

How can I get power of attorney if my mother is mentally incapacitated?

ANSWER:

If your mother is already mentally incapacitated, she doesn't have the legal authority to sign a power of attorney document. The law won't honor her signature unless she has the mental capacity to understand what the document means. So unfortunately, it's too late to have her agree to allow you to handle her affairs.

But there is another way to get this authority. You can go to court and ask a judge to appoint you as your mother's conservator. In California, conservatorships are handled in the Probate Division of the Superior Court, commonly called probate court. Your county probate court can give you information on how to initiate probate proceedings.