Legal Question in Family Law in California
Power of Attorney
Hi, my father is 75 years old and 1 year ago married a 30 year old woman, whose true intentions are unclear to me. I have spoken to my father about assigning me power of attorney over him and he agreed. My questions are which form do I need, durable or general power of attorney? Will this completed form exclude his new wife of making any decisions over him or his personal affairs such as medical or financial decisions? My father doesn't own any properties or is in any way a wealthy man, my concern is mainly over medical decisions needed at a time when he is unable to speak for himself and also at the time of death for me to be able to keep his ashes after cremation. If a power of attorney won't exclude her from making any decisions over him, what will?
1 Answer from Attorneys
Re: Power of Attorney
It sounds like you will need a power of attorney for health care and a living will. These documents have important legal consequences, so your father and you should talk to an attorney before executing them.
Note also that a general or durable power of attorney probably will not excude his wife from participating in financial decisions as she is presumed to have an interest in everything her husband owns.
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