Is a Power of Attorney legal if a family member takes it upon himself to get a power of attorney?
Full Question:
Is a Power of Attorney legal if a family member takes it upon himself to get a power of attorney, and has the principle sign even though the principal is already incompetent?
01/09/2007 |
Category: Power of Attorney |
State: California |
#270
Answer:
In order for a power of attorney (POA) document to be valid, the person granting the POA (the Principal) must be mentally competent when the Principal signs it. This means that the Principal must understand the powers that he/she are granting to the Agent (i.e. the attorney-in-fact) and the implications of having someone else make decisions for the Principal.