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My mother lives in Michigan and I live in California and she requesting I become Power of Attorney for her.

San Diego, CA |

POA is needed because she is having difficulty managing her financial responsibilites, bank accounts, and other personal things and requires my assistance. Additional has a medical condition and is on very limited income. And she is affraid of losing everything and I will be glad to help her. But we are so far apart and she needs my help. What is the best way to start the legal process and advice you can give.

Attorney Answers 2

  1. Hello,

    Your Mom should consider having a local attorney assist her with the drafting of the POA. It may be a challenge for you to assist her with her financial responsibilities from California, so your Mom may want to consider having a co-Agent with you of someone who lives in Michigan wherein decisions are made jointly, or your approval is required.

    Your Mom should explain the situation to the attorney drafting the POA to insure her needs are met.

    You may also want to recommend to your Mom that when she talks to the attorney that in addition to giving you authority to act for her in financial matters that you should also have authority to make decisions regarding her personal needs, thereby avoiding having to get a conservatorship.

    Good luck.

  2. Your mother, so long as she has the requisite capacity, should schedule a consult with a local estate planning attorney to devise a plan that will meet her needs. It sounds as though capacity might be a problem, if not, move quickly so that it does not become an issue. As for your California location, it does not preclude you from being your mother's agent, but it may make the process of stepping in to help much more logistically challenging.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

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