Legal Question in Wills and Trusts in California

My father is in California and has dementia... I reside in Idaho.... I need to get Durable Power of Attorney and cannot leave Idaho.... I have the forms and was going to mail them ... Was concerned about the signatures/notary... Is this possible with us living in different states?


Asked on 7/16/15, 10:55 am

1 Answer from Attorneys

William Christian Rodi Pollock

Perhaps, if your father has the capacity. It is unlikely a notary will notarize a document when the signer does not appear to have the capacity to perform a proper acknowledgement.

I f your father does have this capacity, you should consider a living trust for his care and protection. If you don't have the time to come back, perhaps another party should serve as either holder of the power of attorney or as trustee. These are not matters that can usually be handled long distance.

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Answered on 7/16/15, 11:06 am


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