My mother is a Medi-Cal beneficiary and I think she is legally incapacitated. What can I do to transfer her assets out of her name before she dies?
You should first obtain a competency opinion from a doctor. The doctor may find that your mother has the legal capacity to sign transfer documents. If the doctor determines that she does not have legal capacity, you will have to petition the probate court to appoint a conservator for your mother’s estate. Either way, you should consult with an elder law attorney. California law provides procedures where documents can be executed by your mother even if she is too disabled to write her name so long as she still has legal capacity.
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