CA estate planning laws, procedure for contesting a Will in California
WHAT IS THE RULE IN CALIFORNIA IN OBTAINING A DURABLE POWER OF ATTORNEY IF A PATIENT IS HEALTH IS ALREADY DETERIORATING.
Attorney answers (3)
Roberta Avrutin
Reputation Level 6
Answered about 3 years ago.
Estate Planning Attorney in Beverly Hills, CA.
The general rule, simply and somewhat vaguely stated, is that a person is legally competent to create a power of attorney if she/he has the capacity to enter into a contract. Questions to ask, include: Has a court already determined that the person is incapable of entering a contract? Does she/he understand what legal powers she is giving to another by signing a power of attorney? When explained to her, does she understand the consequences of signing, her legal rights? Can she communicate communicate her wishes, verbally or otherwise? Even a person who is highly medicated much of the time may be competent to create a power of attorney, if she has capacity at the time she creates it. The standards for capacity are different for different kinds of decisions. If you are unsure, a good start would be to consult with the person's physician.
Roberta Avrutin, Roberta Avrutin Law Offices, 8383 Wilshire Blvd., Ste 510, Beverly Hills, California 90019; 323.653.3900, ext. 115
1 person marked this answer as good
It depends on the circumstances, but you should deal with it quickly. Try using LegalZoom - see link below.
1 person marked this answer as good
James Leslie Walker IV
Reputation Level 9
Answered about 2 years ago.
Estate Planning Attorney in San Rafael, CA.
not a rule- but as as a practical matter will a notary notarize his or her signature?- is the person awake, aware, able to enter into contract, knows who he/she is and knows who his/her children and friends are, etc.
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