Legal Question in Elder Law in California

Power of attorney

Does a signed and initialed General power of Attorney

document, witnessed by two unrelated persons, but not

notorized, have the power of law for medical and other

legal, i.e. real estate decisions?


Asked on 11/15/03, 11:46 am

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Power of attorney

It will depend specifically upon the powers granted in the document itself. Each power of attorney is different than you must read very carefully to understand what rights are given to the individual who becomes the attorney-in-fact. These are very significant documents and should not be "fool around with". Additionally, if it is determined that the person was granting the power did not understand the full ramifications of all the powers granted in the instrument, all transactions are tainted and the person who holds the power may be in big trouble. It is always best to have attorney deal with this kind of situation to secure that all the required technicalities have been met in a proper manner.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 11/15/03, 1:03 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Power of attorney

Powers of attorney for financial transactions usually need notarization, but health care powers can be witnessed by two people or notarized. I haven't seen a financial and health power of attorney combined--I'd suggest getting it reviewed or have new ones prepared after consultation with an attorney (assuming the person signing still has capacity to understand and sign the documents).

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Answered on 11/21/03, 11:53 am


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