Legal Question in Wills and Trusts in California

If my moms will was stolen and she needs to change it but not capable in making decisions can i get one made and put what she wants in it? I have power of attorney and she went down hill faster than she could get a notary public to make the change herself

Asked on 2/11/24, 5:22 pm

1 Answer from Attorneys

Sadly if she is no longer mentally competent to make decisions she cannot make or revise a will, or any other legal document. You best also make sure your power of attorney is a "durable" power of attorney. A standard POA only carries the authority to do what the grantor of the power could do. Once the grantor becomes incapable, the POA is no longer effective.

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Answered on 2/12/24, 1:44 pm

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