Legal Question in Wills and Trusts in California
Power Of Attorney
Any way of getting a P.O.A over someone who is in a rest home and suffers from mental ilness. Or is the only recourse conservatorship????.
2 Answers from Attorneys
Re: Power Of Attorney
A power of attorney must be signed by the person giving the powers to another, and so the signer must have legal capacity. A conservatorship is likely necessary based on the limited facts you have provided.
SEE:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=810-813
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=04001-05000&file=4120-4130
Re: Power Of Attorney
The power of attorney requires the signer to have legal capacity to be valid--that person must understand what he's signing and how it affects his rights. Because the capacity is likely at issue here, it would be better to have letters from doctors stating he has the capacity to execute the power of attorney. Without capacity, a conservatorship is needed.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
