Legal Question in Wills and Trusts in California

Changing POAs for someone with PIcas disease

My friend has Pica disease,a

dementia related to early onset of

Alzheimer. If he can no longer sign his

name,but still wishes to change his

POA,will a ''mark'' be legally sufficient

to make the change?


Asked on 1/25/08, 8:09 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Changing POAs for someone with PIcas disease

Yes. But, the key is that it should be witnessed and notarized and it is best that someone unrelated be there to confirm that the person knows what he or she is doing, appreciates the natural object of his bounty and the nature and extent of his assets, and that he or she is exercising free will unaffected by duress, fraud or undue influence of any interested party. This will help immunize the transaction from subsequent attack based upon competence, undue influence, fraud and the like.

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Answered on 1/26/08, 12:25 am


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