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

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

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.

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