Chicago, IL asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for West Virginia

Q: Can I ask for proof of documents of someones role of being appointed power of attorney?

How should someone go about asking for this or even a living will?

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: A West Virginia attorney could advise best, but your question remains open for three weeks. As a general practice nationwide, in most instances it's simply a matter of asking to see them. I have not had experience with them in settings involving living wills, but in general litigation, I ask to see them if it comes up. Sometimes I'm asked to produce them, when given limited POA in certain transactions. I produce them (or the section of my retainer incorporating the POA provisions) if the party requesting to see it has a reasonable basis to ask. Good luck

Scott Stapleton
Scott Stapleton
Answered
  • Huntington, WV
  • Licensed in West Virginia

A: You should first check to see if they have been recorded at the local courthouse. If someone is attempting to act on someone else's behalf, you should always demand to see the document to make sure the person actually has it and it is valid.

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.