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How do I get power of attorney

Fresno, CA |

my brother has been in ICU for two weeks , i have power of attorney for health care but bills are due and i can't sigh any checks , he is on a breathing machine and has had a stroke , cannot sign any checks but understands what I'm telling him by raising his eyebrows and closing and opening his eyes ,

Attorney Answers 3


  1. The only way you can get a POA is if your brother gives you one. And he can only do this if he has the necessary mental capacity. Whether he does or not is something an attorney can determine. The attorney could also defend the documents for you, in case there is ever a challenge. Whether or not it is possible for a notary or someone else to actually SIGN the documents depends on CA law. In many states, this is permissible, if the principal is physically unable to sign.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. Attorney Frederick is correct. Unfortunately, if your brother does not have the legal capacity required to legally sign a power of attorney in your favor, you may need to petition to be appointed his Conservator. Assuming your brother resides in California, the following guide will be helpful should you need to go that route:

    http://www.courts.ca.gov/selfhelp-conservatorship.htm

    Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship.


  3. Attorney Frederick gave you great advice. With a Power of Attorney the key is capacity of the person signing the document.

    My comments are NOT LEGAL ADVICE. They are for informational purposes only. Actual legal advice can only be provided after you have signed an engagement letter. Answering this question does not create an attorney client relationship. Remember that without attorney client privilege you could possibly divulge information that can hurt your legal rights in the future. I am a tax attorney in Miami Florida. I can help you with your federal tax issues via a secure client portal if required.

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