If my mother is in a rehabilitation facility and has signed a power of attorney, is it legal?
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If my mother is in a rehabilitation facility and has signed a power of attorney, is it legal?
Mother is in facility for pain control and had a witness and a notary for the POA. The facility is saying the POA is not legal?
Asked on January 6, 2012 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am sorry for your Mother and for her condition but it does not sound as if she has lost her mental capacity to be able to sign a POA. Why are they saying it is illegal? It does not sound right. Your Mother has the right to execute a Power of Attorney as long as she is of sound mind to do so. I would consult with an attorney if the facility gives you any more of a hard time. Good luck.
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