Find Senior Care (City or Zip)
Join Now Log In
J
Janine2020 Asked January 2023

I have Durable POA for my dad, can I sign a Waiver of Bond by Heir or Beneficiary form on his behalf as his POA in CA?

My dad's youngest brother unexpectedly passed away due to Covid and was found in the bathtub during a welfare check that was requested by his neighbors since he lived alone (he inherited the house from their mother).


 


He did not have a will and their middle brother has taken on the role of the administrator of the estate so he can sell the house which is a big help.


 


We have not told my dad about his brother's passing since my dad has a history of psychiatric hospital stays and suicidal attempts/ideations. I am afraid things will spiral out of control again if we were to tell him as he is mentally stable at this point and was not in regular contact with the brother who passed away.


 


My dad's physician and psychiatrist agreed and provided letters to the coroner per their request which supported not telling him which the coroner also accepted.


 


However, the probate attorney for the house is now requesting my dad's signature on a Waiver of Bond form so I am wondering if I can sign on his behalf as his POA? I realize consulting an Elder Attorney would be best but do not have the funds for it (we got the Durable POA notarized for no cost at a bank.)

Frebrowser Jan 2023
What does the POA document say? Does it say that it is effective immediately or does it require proof of incapacity? Does it authorize you to deal with an inheritance?

You can ask your lawyer or the estate lawyer for advice, or just act like you have the authority, sign as POA, and submit a copy of the POA with the paperwork. Either way the estate lawyer will review the POA and charge for doing so.

NorcalAE Jan 2023
Do you have a letter from your Dad's doctor stating the has dementia and is unable to make important decisions? I found banks (and probably attorneys) require that to 'trigger' the full POA rights. But you could try just signing and see if the attorney accepts it.
NorcalAE Jan 2023
I'm in California, btw.

ADVERTISEMENT


AlvaDeer Jan 2023
Only an attorney can answer this, and with a strong POA and you in charge of all financial affairs due to your father's inability to handle his own affairs you could IF the POA granted you broad rights.
You should call and say that currently your Father is not competent to handle his affairs and you are acting as his POA and ask if you can sign his name, by your name as POA. They may ask you for all POA papers.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter