How to get proof for a next of kin, with out a death certificate.: My mother passed on the 9th, I just found out today , my demented father had taken the car and has been towed. I need a death certificate or proof of kin to get the car released from the police
Michael’s answer: I have recently retired from the practice of law and resigned my license to practice law with the California State Bar. However, you since you state that you are the daughter of the deceased, you can obtain your birth certificate from the State and County of your birth that my be acceptable as proof of your relationship to the deceased. Also, statements regarding the relationship, acknowledged before a notary, from relatives will further substantiate the relationship
What should I do if my aunt is in a care home with dementia and her sons with poa both died?: I just want to make sure all her medical expenses are paid and that the tenants that are renting her houses are paying her their rent and if so is that making it in her account. She has dementia and needs a new poa. What steps do I have to take?
Michael’s answer: Your aunt is not able to manage her finances as stated in your question. Her Attorneys In Fact under a power of attorney had been managing her finances for her benefit and are no longer able to do so because of death. If you have copy of the Power of Attorney for Finance, check to see if it names a successor to the Attorney In Fact and notify them of their nomination. If they decline or there is no successor Agent in Fact named, someone (you?) must petition the court to be named her conservator to manage her finances and, possibly, her care and well being. If no one is willing to assume the job, you should notify the Orange County Dept of Adult Protective Service and they will take over.
How do I obtain a Court-Certified copy of a Power of attorney?:
Hello,
I am the Power of Attorney (POA) for my mother. She lives in LA County, and her power of attorney was executed in LA county. I live in Irvine, CA. My mother has dementia, I am handling her affairs which includes transferring her timeshare property into her trust.
To transfer her property into her trust, the company is requiring me to send a "court-certified copy of the power of attorney" document to Florida for processing; it must stay in Florida up to 90 days. If I do not transfer her property into her trust, the property will go into probate after her passing, which I would like to avoid.
How do I obtain a court-certified copy of my power of attorney? I'm looking for someone to take on this case and navigate the legal legwork required. The attorney who created the POA said his office does not file POAs with the court and cannot assist.
Thank you
Michael’s answer: Ms. Straus is correct. The POA is not before the court and it will not certify it. Your alternative is to petition for a conservatorship of the estate and obtain court certified order appointing you. This is an expensive and time-consuming process but if there are assets having a high value it may be worth while.