How do I get power of attorney

Asked almost 2 years ago - 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. James P. Frederick

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . 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. ******... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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-conservatorsh...

    Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Alicia Simone James

    Contributor Level 10

    Answered . 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... more

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