Legal Question in Administrative Law in California
My mom's step daughter has Power of Attorney and medical over my mom's husband. My mom does not have acopy of the POA. The step daughter refuses to give my mom a copy of it. We know it exist. How can my mom get a copy of it? The bank wouldn't give her a copy.
We live in San Diego, ca.
Thank you.
1 Answer from Attorneys
The Power of Attorney only allows her to act for her father when he is unavailable to do something himself and only to do something that he would supposedly agree to. It is actually fairly limited in what it can be used for. If he is mentally incompetent, then the POA is not effective. If he is mentally competent and on good terms with your mother, she should ask him to revoke the daughter's POA because she refuses to co-operate. If he will not, tell the daughter that unless you see the POA you have to assume that it is not binding or non-existant and you will not accept its use.
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