Legal Question in Elder Law in California
power of attorney
I'm looking to get a power of attorney for my mother that takes care of all her financials with selling her home when she passes plus all other finances plus for medical when she cant make her choices and when she can but needs help.
2 Answers from Attorneys
Re: power of attorney
The power of attorney is valid only during her lifetime, so it will not include the power to sell the house. For that you'd need a living trust. If the house is the main asset, you might consider a beneficiary deed for the house, which would avoid probate without the expense of a trust.
The powers of attorney are useful during lifetime, though, so you should look into them as well--there's one for financial matters and a separate one for medical matters (which does include post-death power for funeral/burial arrangements).
Re: power of attorney
A Power of Attorney dies when she does. She needs a combination of current Power of Attorney, Living Will for med choices authority, trust or will for property disposition, change of title to joint tenancy on the house and other property, etc. Feel free to contact me if serious about getting help doing this right.
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