Legal Question in Family Law in California

My daughter's divorce is not final (in Calif) & she is going to have surgery. If he does not want to sign away his durable power of atty, what can she do? She want's me to have the power of atty, in case anything happens to her in surgery (God Forbid)


Asked on 11/11/10, 3:07 pm

2 Answers from Attorneys

He does not have any rights to the power of attorney. All she has to do is revoke it and give notice to anyone who previously had notice of the power attorney that it has now been revoked. She then issues a new one to you and lodges a copy with the hospital when she goes in.

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Answered on 11/17/10, 12:09 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. All she has to do is revoke the power of attorney given to her husband, and issue a new power of attorney to you.

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Answered on 11/21/10, 3:24 pm


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