Legal Question in Wills and Trusts in California
power of attorney transfer
My father has POA for my grandma,who is in a nursing home. My father has recently been diagnosed with cancer and undergoing treatment.He lives in Los Angeles. I live in San Diego where my g-ma also is. My Dad is unable take care of g-mas financial and medical duties that are needed to keep g-ma in the home. Iwould like to know if Power of attorney can be transfered from my dad to me,and if I need to have g-ma sign forms and then take them to have my dad sing,and have noteries for both.Or can my dad just sing it over to me?
2 Answers from Attorneys
Re: power of attorney transfer
If your grandmother is competent to sign one, a new Power of Attorney is the quickest and easiest answer, but it does depend on her competency.
Otherwise, you may have to file for a Conservatorship over your Grandmother. (One of these might not be such a bad way to go either. Though both allow you to make decisions for another person, the Conservatorship is more widely regognized and followed by people; most likely because it is Court Ordered.)
We provide a sample Advanced Healthcare Directive on our site No-Probate.com. It is at:
http://www.no-probate.com/Advanced_Healthcare_Directive.htm
There is a link for a printable version there as well. There may be a requirement for additional witnesses, again, it depends on her competency.
We are in Pasadena, so if you and your father would like to come in and go over additional options for her, and possibly him as well, then please feel free to contact me dirtectly at the location provided by Lawguru, or through No-Probate.com.
Yours Truly,
Scott H. Linden
SCHOFIELD, GROSSMAN & LINDEN
Re: power of attorney transfer
A new power of attorney over health care decisions and finacial affairs should be drafted. Notorized signature from your grandmother will be required. Call me directly at 16192223504.
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