I live in California. My brother in law says he's power of attorney over my parents. Won't show any paperwork. I went to court house my moms power of attorney it say over the house n estates. How do I optain prof when he won't provide it
What do you parents say about it? They have to have capacity in order to grant power of attorney.
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A power of attorney is not "over" anyone. It is authorization to act on their behalf. If you suspect elder abuse, contact APS, or an elder law attorney.
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What type of power of attorney?
A financial power of attorney gives the agent the power to spend money on behalf of the principal (your mother or father). Secondary question. Is it immediately effective or only effective upon the incapacity of your mother or father?
A Health Care power of attorney or Advance Health Care Directive gives the agent the power to make health care decisions when the principal cannot make them.
If you parents lacked capacity when they signed the powers, they are void.
IF you think there is elder abuse, contact Adult Protective Services.
The down side for the agent is that, when the principal dies, the heirs can require the agent to provide, within 60 days, an accounting for every penny receive and spent. If they do not have the documentation, they can be surcharged for the money they cannot show was spent on behalf of the principal. The agent may later wish they had become the conservator and filed regular accountings with the court and gotten court approval of their actions.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
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