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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34272
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My wife's mother is 87 years old, effectively blind but

Customer Question

My wife's mother is 87 years old, effectively blind but still lives by herself. My wife has her power of attorney, but we live in Colorado, but her mother lives in California. Lately her mother has had increasing difficulty with memory and great difficulty taking care of herself and getting around. She is in no way indigent, and is able to hire help for her care, but she refuses to spend the money, often relying on strangers for assistance. She is an extremely difficult person to be around
But the time is near when she will no longer be able to fend for herself physically nor take care of her financial affairs. She has gotten to the point of forgetting which financial institutions are home to her accounts. Wen it becomes necessary, how can my wife invoke her power of attorney with the various banks, particularly since we live in Colorado and her mother in Californiam
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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A POA is effective the instant it is executed by the grantor giving power to the holder. So there is not any "invocation of power" on a POA as it is in force automatically. So if wife wanted to contact the various banks, she can do so at any time by visiting the bank personally with identification and the POA signed and notarized by mother showing that she has authority to act for mother.

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However, a POA holder can't go against the wishes of the grantor of the power so if mother told daughter not to do something, then she couldn't do so or it would be a breach of her fiduciary duty to mother. But if mother's condition had deteriorated to a point where she would be considered medically or mentally incompetent, then wife could file a formal guardianship petition in the local probate court where mother lives and have a judge appoint wife as her legal guardian so she would have control over her care and her finances..

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thanks

Barrister

Customer: replied 11 months ago.
Is it necessary for her to go to California, or can she hire a local attorney to work with a California attorney?
Expert:  Barrister replied 11 months ago.

She can hire a local attorney, but it would make more sense to just hire a CA attorney in the town where mother lives to cut out the middleman and avoid the cost of two attorneys....

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thanks

Barrister

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