Legal Question in Medical Leave in California

My dad is very confused and loosing memorie. He knows who I am but does not know where he is or much of anything else. I am looking for power of attorney of his finical accounts to help with bills and such. Would the public Notary have to see him sign the paper and than make sure he is of sound mind? If not, than does he have to be taken to court to have judge give me the P.of A? I live 13 hrs away, would I have to be around for any of this or can I do this all over phone? He is in a care home at this time. Thank you so much for your time!

Asked on 9/28/12, 12:52 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

A notary must see the person sign any document being notarized, and also must make a determination the person is legally competent to do so. If the person is in dementia or confused, an ethical Notary would not do this. That is what you have described. If that is the case, you can not get a POI, but instead would have to file in court for a guardianship or conservatorship to get any legal authority to take charge over the person and his assets. You will need an attorney in the locale where the person lives, because you have to file in the court there. If this is in the SoCal area, feel free to contact me.

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Answered on 9/28/12, 12:59 pm

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