• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

getting a new power of attorney for healthcare

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ah541

Junior Member
What is the name of your state? california

My boyfriend and I have been living together for over 7 years now and he is still legally married to his ex. She and his youngest son, who is in his 30's, have basically stolen everything from Larry that they could. Well, Larry (my BF), now has what could very well be terminal cancer and about a year ago, in the hospital, Larry signed these papers that the hospital gave him, (in case the surgery failed) as a power of attorney for healthcare. It made the son the one in charge. Now, a year later, Larry wants to make his brother the power of attorney because of fearing that his son and wife will come into my house and clean me out of what little possessions larry has now. His truck is in my name but he has other small stuff.
Question: does the power of attorney papers have to be notarized for his brother to be the POA? The first ones were not.

Question: Can his estranged wife really come up here and take any and all that she wants out of the house him and I live in? We rent the house. Can she take the truck?

We aren't sure if he has enough time left to get a divorce as it takes 6 months and she is not going to agree to anything even though the kids are grown, but she has racked up debts galore. He is not worried about the debts as he won't be around but I think he should prosecute her for stealing his 401k, but he never stands up for himself and just lets it all go.
sorry this has wandered all over the place but it is frustrating to see them get away with all this.
thanks for any info, ah541
 
Last edited:


seniorjudge

Senior Member
If this is really important to you, then you will hire a lawyer.

Healthcare poas do not give authority over personal property and they must be notarized.

So something is not making sense in your story.

Thus, go hire a lawyer.
 

ah541

Junior Member
Seniorjudge,
Ok, that would just be for in case of my BF being unable to make healthcare decisions only? Oh, and it would be great to get a lawyer about things important to me, but if i was able to do that, I would't be here trying to get advice. thanks for the info.
 

FlyingRon

Senior Member
You need a lawyer. Any assets that have her as the owner (joint or otherwise) are pretty much fair game.

Your husband should pick who he wants for healthcare POA as well as general POA (if desired) and execute those documents. If he is hospitalized, the lawyer (or even the hospital staff) can usually arrange for a notary. He probably will save later grief if he looks into an advance medical directive (living will) at this point as well.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top