Q: I need advice on power of attorney.
My mom (she is 85) made me power of attorney. I had her fill out doccuments and we had it notarized. Am I done, or do I need to file this somewhere? I live in Alemada county California and she lives in Stanislaus County, California.
A: The answer to your question depends on the type of Power of Attorney and the language in your particular document. Giving advice about a contract without being able to read the document is a lot like saying, “Here is a book about X, tell me if it’s good… but you can’t read it first.” In general, many (but not all) Durable Powers of Attorney only go into effect when the principal loses mental capacity — as certified by one or two doctors — in which case the document would only be filed when the person no longer has capacity. Other Durable Powers of Attorney go into effect immediately. Plus, there are other types of Powers of Attorney. So, it’s important for a lawyer to know exactly what yours say. Best wishes!
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