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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33796
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have been caring dad years and in august 2015 s heart

Customer Question

I have been caring for my dad for six years and in august 2015 his heart stopped so he made me power of attorney for everything Durable. He recently got a large settlement and when my sisters found out they all of a sudden want to handle his finances. So they drove 700 miles from LA and went to my Dads besides and manipulated him in to changing the power of attorney. But here's the thing the noterary who authorized their power of attorney did not have my dads id. I have had his id's credit cards and all since his injury and have been paying and taking care of all his affairs. Is this legal? And what steps do I need to take in this matter. I have been told that the noterary broke the law because he didn't any id proofing my dads identity
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 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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Did the notary know your father?

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Or know your sisters?

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thanks

Barrister

Customer: replied 9 months ago.
No the notary did not and does not know my father
Expert:  Barrister replied 9 months ago.

Ok, how about sisters?

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thanks

Barrister

Customer: replied 9 months ago.
I have been caring for my dad and today we did a new power of attorney
Customer: replied 9 months ago.
No They drove up here from Los Angeles
Customer: replied 9 months ago.
what can I do
Expert:  Barrister replied 9 months ago.

Ok, that is a good idea...

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If the notary didn't know father, and didn't know sisters, then legally they can only notarize his signature if there is a witness who knows father and also knows the notary. This is what the CA Code says:

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B. Oath of a Single Credible Witness – The identity of the signer can be established by
the oath of a single credible witness whom the notary public personally knows. (Civil Code
section 1185(b)(1)) The notary public must establish the identity of the credible witness by
the presentation of paper identification documents as set forth above. Under oath, the credible
witness must swear or affirm that each of the following is true (Civil Code section 1185(b)(1)
(A)(i)-(v)):
1. The individual appearing before the notary public as the signer of the document is the
person named in the document;
2. The credible witness personally knows the signer;
3. The credible witness reasonably believes that the circumstances of the signer are
such that it would be very difficult or impossible for the signer to obtain another form of
identification;
4. The signer does not possess any of the identification documents authorized by law to
establish the signer’s identity; and
5. The credible witness does not have a financial interest and is not named in the document
signed.

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So if no one knew the notary at all, then it was completely improper for them to notarize the POA without father having any type of identification. You can file a formal complaint with the CA Secretary of State here:

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Notary Complaint

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They can take punitive action up to revocation of the notary's license and even pursuing criminal charges..

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thanks

Barrister

Customer: replied 9 months ago.
ok so it makes the document invalid correct
Customer: replied 9 months ago.
I think my sister Erin was put on as the power of attorney and my sister Kristian witnessed the document. they haven't given me a copy. But they both have a financial interest
Expert:  Barrister replied 9 months ago.

Not exactly. It makes the document "voidable" if challenged by someone who wants to object to something that was done with it under its perceived power.

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So if sisters sold a piece of property and you can prove that the notary never properly identified father or knew sisters, then the sale could be voided as fraudulent and rescinded by a judge if you filed suit to challenge it.

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thanks

Barrister

Customer: replied 9 months ago.
ok well what happened was he got a large settlement and I tranfered the funds into my account in the morning of the 25th they drove up the same and presented the power of attorney to the back so the bank took the money back from me and froze my account sayin that at the time of transfer I didn't have power so now my account is 19,000 in the minus and that it won't be reversed because the claim they filed against me for transferrin the money was approved
Expert:  Barrister replied 9 months ago.

I don't see how it could be $19K in the minus if they got all the money back... Unless you spent $19K on something..

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If you put $19K in your account from father's, the bank transferred it back, then that leaves a zero change..

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So if you have a new POA, then you are back in control of his finances. It sounds like if he is easily manipulated that you need to file for a legal guardianship for him in the local probate court so you can keep this yo-yoing from occurring every time sisters go talk to him... If you are appointed his guardian, then he can't give a POA to anyone any longer.

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thanks

Barrister

Customer: replied 9 months ago.
Thank You so much I do know how to do the guardianship I had to do it for a friends child. Have a good night.
Expert:  Barrister replied 9 months ago.

You are very welcome. Glad to help any time..

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All the best to you and yours.

Barrister

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