Legal Question in Wills and Trusts in California
Question in regards to Durable power of Attorney
My mother has been seperated from my father for 20 years. My father has just been diagnosed with Multi infract dementia. My father and mother agree that I should have Durable Power of Attorney. Does my mother need to sign paper work or just my father? Also after we get the Durable Power of Attorney notorized do we file it with the courts????
1 Answer from Attorneys
Re: Question in regards to Durable power of Attorney
The paperwork needs to be signed only by your father, and does not need to be filed anywhere, unless it's used regarding real estate, and in that case must be filed with the county recorder where the property is located. The form must also be notarized, and should be prepared by an attorney familiar with Medi-Cal rules if Medi-Cal insurance is or could be involved later (Medi-Cal is the state/federal program which pays for nursing home care if the patient meets certain financial guidelines).
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