Q: Is it illegal to have someone type up a letter for power of attorney when they are in the red deathbed unable to sign

A: There are many issues here and you may be best served by speaking with a qualified attorney. As you stated, a power of attorney only applies during the lifetime of the individual. It ceases effectiveness at death. Additionally, it seems that there may be questions regarding the individual's capacity to sign the POA or any other contracts. Such documents are only valid if the individual has the capacity to understand what they are signing.

A: One of the key questions is whether a physician has opined that your mother no longer had sufficient mental capacity to understand what she was signing before she signed the power of attorney. People can lose their mental capacity from a legal standpoint years before death or never take place at all. The question isn't how close to death the document was signed. The question is whether she read and understood what she was signing. Family members' opinions are normally NOT the determining factor. Depending on what your mother's other estate planning documents said, normally a physician is required to say someone no longer has the adequate mental capacity to fully understand what they sign. As to the fact your youngest brother handled the final arrangements, he may or may not have had that power. Again, that would depend on what your mother's estate planning documents say. A lawyer would need much more information in order to advise you on what recourse you have. Contact a litigation attorney (one who handles legal claims and lawsuits) to get advice tailored to your situation. Best wishes.

A: I'm so sorry to hear about your difficult situation with your mother's passing and the issues surrounding her power of attorney. A few key points:

1. Power of attorney (POA) is only valid while the person granting it is alive. Once the person passes away, the POA is no longer in effect. At that point, the person's will and/or the laws of intestate succession determine who has authority over the estate.

2. For a power of attorney to be valid, the person granting it (the "principal") must have the mental capacity to understand what they are signing. If your mother was not of sound mind on her deathbed, any POA document she signed at that time would likely not be legally valid.

3. In California, certain formalities are required for a valid power of attorney - it must be signed by the principal or in the principal's name by another adult in the principal's presence and under their direction. It also must be either notarized or signed by two qualified witnesses.

4. Denying you visitation and information by claiming authority under an invalid POA could potentially constitute elder abuse. You may want to consult with an elder law attorney or file a complaint with California's Adult Protective Services.

5. If you believe your mother's wishes are not being carried out after her passing or there are issues with her estate, you should consult with a probate attorney to discuss your legal options and rights as an heir.

I would strongly recommend speaking with an attorney who specializes in elder law and estates to get guidance specific to your situation. I'm so sorry you're dealing with this difficult scenario while also grieving the loss of your mother. Please seek legal counsel to understand your options for recourse. Wishing you all the best.