Legal Question in Wills and Trusts in California

Power-of-attorney's

Can a power-of-attorney (father) be given to a person who does not live in California (son)? This would be mainly for real-estate and control over reverse mortgage. Thanks for any help.


Asked on 10/20/03, 3:04 pm

4 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Power-of-attorney's

Yes. In order for the power of attorney to be valid, your father must be competent at the time of its execution. If he no longer has capacity, you would have to take such actions through a conservatorship. By the way, a conservator can be someone residing out-of-state as well.

If you father is in need of these services, he should consider having an attorney review his estate plan (if one exists) to help plan for future contingencies. If we can be of service, please contact me.

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Answered on 10/20/03, 3:11 pm
Siamak Pishvaee Pishvaee & Bavar

Re: Power-of-attorney's

yes

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Answered on 10/22/03, 11:53 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Power-of-attorney's

Yes, the agent can be out-of-state--the power of attorney should drafted according to the principal's (father's) state of residence.

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Answered on 10/20/03, 4:38 pm
Jill Zimmerman Law Office of Jill Zimmerman

Re: Power-of-attorney's

Yes. AS long as the person signing the power of attorney (father) is competent to do so, the son can act as such, regardless of whether father and son live in the same state.

If there are any other concerns, an estate planning attorney can be of great assistance. Please feel free to contact my office for additionel help.

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Answered on 10/20/03, 8:53 pm


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