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Power of attorney for healthcare

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desertgal

Guest
my mother in california completed a durable power of attorney for healthcare decisions as part of her will dated in 1987. She is still in good health and mind. Is that document still valid since it is over seven years old? If it is no longer valid can she copy it and have it notarized? Does she need an attorney's signature on it?
 


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loku

Guest
Durable Power of Attorney

I don’t think a durable power of attorney is correctly a part of a will, because a will only becomes operative at death. So assuming the durable power is a separate document from the will, under California Probate Code 4127, “unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.” Therefore, the durable power of attorney is still valid.
 
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desertgal

Guest
Power of attorney for Health Care Decisions

You are correct, my mother's Durable Power for Health Care Decisions is a separate document, prepared at the same time as her will. The paragraph I question states, "Unless you specify a shorter period in this document, this power will exist for seven years from the date you execute this document and, if you are unable to make health care decisions for yourself at the time when this seven-year period ends, this power will continue to exist until the time when you become able to make health care decisions for yourself." Since my mother is in good health at 89 years of age I interpret the above paragraph to mean that this power of health care is no longer valid. Am I correct and if so must I have an attorney prepare a new document or may I just retype her document and have her signature on it notarized? Thanks for you reply.
 

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