Legal Question in Wills and Trusts in California
My mom wants give me power of attorney to handle her financial affairs if the need arises. Her lawyer doesn't want to be involved because of her mental state and said the diy route was the way to go. The problem is that i will have to be the one to prepare it and arrange have it notarized. That looks fishy and I don't think a notary would sign it. Both of my sisters think I should be given power of attorney since I live with her , my mom wants this and even though I don't cherish the thought of taking on this responsibility, I think it should happen and don't want to back away from it. Also I am very aware that I appear to be some low life trying to take advantage of his mother. Because of this, I am afraid to talk to another lawyer and I am afraid to even contact the notary that I am thinking of using, who I'm sure, could both prepare and notarize. As for my mothers mental state, it's fairly apparent that she might not fully understand things; her lawyer had legitimate reason to not want to be involved, but she is still aware enough to able to take care of daily things including her expenses. I don't want to step in but it's clear to me that at some point someone will have to and it should be me. I just don't know what to do about it.
1 Answer from Attorneys
First of all, if your mother's lawyer has expressed some concern, you should heed that concern.
There are two ways to handle this. The first is to file a petition for conservatorship of your mother's estate. This way you will be protected by a Judge's order appointing you the conservator of her estate, i.e. her financial affairs. Your mother can nominate you and your sisters could sign a declaration supporting your nomination.
The second is to do as your mother's lawyer stated. Purchase an on-line durable power of attorney and have your mother sign it in front of a notary. The notary's job is only to verify that it is your mother signing the document and nothing else. To protect yourself, you can have your sisters write a declaration stating they want you to be your mothers' agent and they approve your appointment. I have no way of knowing if this will stand up in court since I cannot assess your mother's legal capacity without meeting her first.
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