Legal Question in Civil Litigation in California
Question on D.P.O.A.
Is there any way to find out if there is an actual D.P.O.A. ? We are in a current situation where a friend of my deceased father in law claims to have one. The hospital released him to the mortuary, the mortuary took her, the friend, on her say so. They will not show it, the DPOA, to the family, I believe it is because they do not have one. I believe the woman at the mortuary is a personal friend of the woman claiming to have it. She,the friend, has since disappeared and my husbands father sits in a morgue somewhere. They wouldnt even let any family members identify the body. He passed last Thursday, today is already Wednsday. We want to know if the document has to be filed some where , for proof. Or can anyone just print one off the computer & use it for their own purpose? Thank you for any insight.
Paulette
2 Answers from Attorneys
Re: Question on D.P.O.A.
The Durable Power of Attorney does not have to be filed anywhere. However, it is sometimes filed with the county recorder in which the principal holds real estate or resides.
Re: Question on D.P.O.A.
You might want to get an attorney in your area to file a court action to order the body released to family members. Then, anyone who objects would have to show their hand. Good luck to you.
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