What is needed for my brother to show he is Power of Attorney over my ill father?
Full Question:
Our father is in assisted living care. My brother that is appointed executor to his will needs to show he has power of attorney as stated in our fathers will. We need proof that he is power of attorney for our father. What do we need to prove that besides what is stated in our fathers will and and how do we get it effective now?
04/28/2009 |
Category: Power of Attorney |
State: ALL |
#16283
Answer:
Typically, the power of attorney document must be produced when requested. Mention of the document in another document may be used as evidence of its existence, but it will be an evidentiary matter for the court to determine its existence. If the father has the mental capacity
to understand his actions, he may create a new power of attorney. Otherwise, you may check at the county recorder's office to see if the document may have been filed there. Please see the lost will link below for suggestions related to locating a lost document.
