My Mother executed a Uniform Statutory Form Power of Attorney for Health Care (DPOAHC) in 2000 naming all 4 children as her agents. There is no specific indication of decisions by majority vote or unanimous consent.

In the absence of specific directions or language in the DPOAHC, how are health care decisions made by the 4 agents: majority vote or unanimous consent? What is the legal authority/statute?

I have reviewed California Probate code applicable to Powers of Attorney and Uniform Health Care Decisions Act and I could not find a determination.

An acquaintance of my Mother in law has recently convinced her to sign over a power of attorney to her without any knowledge of my wife. My wife is an only child an my mother in law has only known this individual for a little over a year. Additionally my mother in law seems to exhibit signs of the onset of dementia. This person also convinced my mother in law to sign over the tile of her car. What, if any, recourse does my wife have in this situation?

Thank You!

In a scenario where a principal who is living in a nursing home seeks help from his Son to revoke his POA and the POA who doesn�t not wish to stand down counter this action by baring the Son from visiting his father what if anything can the Son do to get the order to ban him overturned?

The principal suffers from Primary progressive aphasia, a form of cognitive impairment that involves a progressive loss of language function which makes it very hard for him express his disapproval.

When a couple has a Life Estate Deed with the right to mortgage, sell and convey

without the consent of the remainderman, does it go through the Probate Court?

In 2004, one month after my father passed, my brother hired a woman (Peggy) to draft my mom's Trust, POA for Healthcare, Property and Financial, and her Will. My mom was 83 yrs at the time. The Will and Trust leave my mom's house entirely to my brother despite the fact that she had seven living children. Then in 2007, my brother again used this woman, Peggy, to amend the documents making himself co-trustee and giving him alone her POA. Previously, three of us had POA. Richard claims my mom wrote the documents (both 2004 and 2007 versions). My mom barely has a high school education (circa 1937). As much as I love her, she's not capable of drafting these type of legal documents. Neither is my brother. These documents are witnessed and notarized. Peggy signed as one of the witnesses.

This year, at Peggy's advice, my brother has petitioned the court for conservatorship over my mom (despite his already having this POA). Peggy recommended the lawyer my brother hired to represent him. Further, my brother upon this lawyer's recommendation hired a "contractor" to do some work on my mom's house using my mother's money. Turns out the contractor is married to Peggy. The lawyer and the contractor both failed to disclose the contractor's relationship to Peggy to my brother. The contractor is not a licensed contractor as he claimed and he has failed to return my brother's phone calls for the past month. My brother has no written contract with this man. The only proof is his check copy and me as witness to certain discussions between them.

My brother is elderly (66 yrs currently) and not mentally fit. He refuses to call the police and report the situation. He instead insists on pursuing conservatorship of my mother which has severely drained the families finances. I've filed a competing petition.

Questions: 1. Peggy is not a lawyer nor does she work for a lawyer. Does the above constitute practicing law without a license? If so, to what agency would I report it? This is especially important as Peggy volunteers at senior centers and I know there is at least one other elderly man who was duped by her and her husband. There are likely many more given the number of decades she's been doing this type of work.

2) Do I have any legal recourse by which to get my mom's money back from the "contractor" if Richard continues to refuse to pursue him.