Legal Question in Elder Law in California

Power of Attorney

My mother is 91. I'm already on her bank accounts. Do I need to have her sign a financial power of attorney to handle her financial affairs if she is unable to do so herself?


Asked on 2/10/02, 7:18 pm

2 Answers from Attorneys

Mary Thorndal Law Offices of Mary Thorndal

Re: Power of Attorney

You may already have an answer to your question. sorry, I have been away visiting terminally ill brother.

Your question depends on the kind of signature right you have at the bank. Sometimes, it is either signature in which case you are fine as far as the account goes. You may just be on the account as the one to inherit it upon your Mother's death, which does not help you while she is alive. You should get conservator powers over all her affairs, if she is unable to handle them on her own. Contact me, if you need help. Regards. Mary Thorndal

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Answered on 2/20/02, 12:39 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Power of Attorney

The power of attorney wouldn't be necessary to access her bank accounts, but you should have one anyway to cover other things like: other assets, paying taxes, suing on her behalf, etc. This would be covered by a durable power of attorney for property.

The other kind is a durable power of attorney for health care, which covers health care decisions if she is unable to do so. This is available from doctors, hospitals, and many senior centers.

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Answered on 2/11/02, 5:16 pm


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