Dad is in nursing home in Cali., confused and in pain. Dr. says he will never go home, and no one but myself is available to do anything for him. I am dealing with cancer singly, here in WA Can I apply for POA, fax it to Calif, have staff at nursing home ask him to sign it ? He is deaf and can't walk. Is the only way I can help him is if he gives me POA ? The only property he has is a broken down (37yr old) trailer, but I will need to sign his checks, etc for insurance......
If the power of attorney form you're talking about is a financial power of attorney and your father's property (real estate, bank accounts, etc.) is located in Washington state, then I agree that a Washington-format POA would be the easiest. HOWEVER, I doubt that it will be acceptable to the banks, insurance company, etc. if your father merely signs it.
Generally, to be effective, it will need to be notarized. There are people called "mobile notaries" who will travel to nursing homes, hospitals, residences, etc. to obtain a signature. In California for a notary to notarize a signature, the individual whose signature is being notarized must be able to understand what is being signed. So if your father is deaf and needs to communicate with sign language (rather than being able to hear with a hearing aid), it might be necessary to have a sign language interpreter available when the notary has him sign.
If you are talking about having your father sign a "durable power of attorney for health care" or an "advance health care directive", I suggest that you use the California form (forms from other states are legal, but it will be easier, in the long run, if you use a form that California doctors are familiar with). In that case, since he is in a nursing home, the form will need to be witnessed by the Patient Ombudsman.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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