Legal Question in Wills and Trusts in California
incapaciatated mom can`t sign check
should i and how do i get a conservatorship? mom has alsheimers and crippled hands-can`t sign an insurance mature endowement the company says has to be in her name. bank won`t accept power of attorney to
1 Answer from Attorneys
Re: Mom incapaciatated
In California, banks (and other institutions) are required to accept a valid power of attorney under Probate Code sections 4300-4306. The agent can sue the institution and recover damages if the institution still refuses to honor the power of attorney.
For the power of attorney to be valid during your mother's incapacity, it must state that it is "durable" or valid during incapacity. It also must not be expired--powers of attorney may limit their validity to a term of years, or if drafted before 1993 may only last seven years.
Perhaps a letter from an attorney explaining the law to the bank would help. If you still encounter resistance, a conservatorship may be needed.
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