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We are in the state of California. We have a nephew that has

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had a major stroke. Can...
We are in the state of California. We have a nephew that has had a major stroke. Can we do a durable power of attorney even though he can't sign by having witnesses and a notary public? He is in capable of signing his name right now and he can't speak.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: California. No paper work has been filed. Just researching what we need to do to be able to pay bills, speak on his behalf.
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: OK
JA: Has anything been filed or reported?
Customer: No, we are actually trying to file his disability insurance and it needs to be signed and he can't sign
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.Category: Legal
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Answered in 6 minutes by:
5/11/2017
Lawyer: Ray, Lawyer replied 6 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,417
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 6 months ago

It is possible here.Look at page 13-15, a witness can swear he signed it here, or he can sign it with an x and have notary and witnesses sign.These are the options here.

http://notary.cdn.sos.ca.gov/forms/notary-handbook-2015.pdf

Realistically you would sign that he signed it else where and notary signs it with witnesses.And no one really would be able to argue otherwise.

The last alternative is a guardianship and conservatorship through the courts.

I appreciate the chance to help you tonight.Thanks again and the best here, prayers for him.

If you can positive rate 5 stars it is much appreciated.

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Lawyer: Ray, Lawyer replied 6 months ago

POA forms the notary has to modify the notary part as I set out above, you can do this and prepare it for execution.

https://www.allsaintsbh.org/wp-content/uploads/CA-Power-of-Attorney.pdf

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Ray, Lawyer
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