Q: Can POA be legally signed after a stroke affected half brain & paralyzed left hand for my son Great G-Mom to sign?
My son had power of attorney over his biological grandmother Medical/ financial/estate since around 2012. She recently had a stroke which left her paralyzed on her left side Dr.s told us that only 1 side of her brain was working. Her Grandson has been in prison for about 20years & has life in prison. He briefly spoke to his Grandmother in my presents along with other family members while she was visibly disoriented appearing confused..Said he will call again when we were gone. The grandson that is in prison I believe manipulated his grandmother while vulnerable & she tranferred POA to him & bishop/ attorney of her church. She couldn't sign so a church member helped her do so & the old attorney allowed her to do that after her stroke, at her beside. The old attorney never spoke to her Dr.s about competency. He just transferred everythin. My son has been calling, texting him etc..to get answers & he has ignored him. His 98 year old grandmother is currently in Hosp. in L.A unable 2 tal
A: Someone that signs a POA must have mental capacity. Although California law presumes that someone has mental capacity, certainly under these facts there is a doubt as to whether she had the required mental capacity. You can file for a conservatorship or sue to invalidate the POA. Unfortunately, most if not all of your options will require litigation. You need an attorney.
1 user found this answer helpful
A: If the second POA was executed while the grandmother lacked mental capacity, it would not be valid and would not have invalidated the earlier POA. There's no question that your son needs to talk to an elder law attorney as soon as possible.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.