Power of attorney
Does a signed and initialed General power of Attorney
document, witnessed by two unrelated persons, but not
notorized, have the power of law for medical and other
legal, i.e. real estate decisions?
Power of attorney
Does a signed and initialed General power of Attorney
document, witnessed by two unrelated persons, but not
notorized, have the power of law for medical and other
legal, i.e. real estate decisions?
Re: Power of attorney
It will depend specifically upon the powers granted in the document itself. Each power of attorney is different than you must read very carefully to understand what rights are given to the individual who becomes the attorney-in-fact. These are very significant documents and should not be “fool around with”. Additionally, if it is determined that the person was granting the power did not understand the full ramifications of all the powers granted in the instrument, all transactions are tainted and the person who holds the power may be in big trouble. It is always best to have attorney deal with this kind of situation to secure that all the required technicalities have been met in a proper manner.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Michael Olden
Law Offices of Michael A. Olden
1035 Alta Mesa Drive
Moraga, CA 94556
Re: Power of attorney
Powers of attorney for financial transactions usually need notarization, but health care powers can be witnessed by two people or notarized. I haven’t seen a financial and health power of attorney combined–I’d suggest getting it reviewed or have new ones prepared after consultation with an attorney (assuming the person signing still has capacity to understand and sign the documents).
Chris Johnson
Christopher B. Johnson, Attorney at Law
790 East Colorado Boulevard, Ninth Floor
Pasadena, CA 91101