Legal Question in Wills and Trusts in California

Power of attorney

My mom-in-law is 91 and in beginning stages of Alzheimers , my husband is her sole heir and is trying toget power of attorney for all of her holdings. I have downloaded the form , do We need to have it notarized in order for it to be legal? We are unsure of this procedure.


Asked on 5/01/07, 9:47 pm

1 Answer from Attorneys

Jeb Burton The Burton Law Firm

Re: Power of attorney

You do need to get it notarized. Depending on your Mom's condition you might also need a doctor to certify that she is competent to be able to assign powers over to your husband. In truth, Durable Powers of Attorney can be customized and set up specifically for each situation. You might want to speak to a local elder law, or estate planning attorney (if I remember 93444 is Nipomo, so you might need to go into Santa Maria or SLO to find one), to help you out. Furthermore, if your Mother is incapable of signing the documents legally (due to althimerz) your going to need an attorney to represent you in a conservatorship hearing.

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Answered on 5/02/07, 3:35 pm


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