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No. New York law does not require you to hire a lawyer to create a POA. The state provides statutory forms that you can complete on your own. However, the POA must be properly executed to be valid. Basic Legal Requirements for a POA in New York To create a valid POA in New York…
No, you don’t legally need a lawyer to create a valid power of attorney (POA) in the US. Most states provide statutory forms or templates that individuals can use to draft their own documents. However, while DIY options work for straightforward situations, consulting a lawyer is often recommended in complex cases. Why a POA Is…
Yes, two siblings can have power of attorney (POA) over a parent or another individual. This is typically structured in one of two ways: joint power of attorney, where both siblings must act together, or dual power of attorney, where each can act independently. The decision depends on the wording in the POA document and…
In the United States, only a court has the authority to declare someone legally incompetent. However, the process often begins with concerned family members, friends, or caregivers who ask the court to step in. Medical professionals provide critical evidence, but they don’t make the final call—a judge does. Let’s break it all down so you…
In California, declaring someone legally incompetent (formally called establishing a conservatorship) typically takes 3–6 months, but urgent cases may resolve in 2–4 weeks with a temporary order. Timelines hinge on court backlogs, medical evaluations, objections, and the case’s complexity. Imagine your aging parent can no longer manage their finances, but their bank refuses to release…
In California, declaring someone incapacitated (legally “conservatee”) requires filing a petition for conservatorship in probate court, presenting medical evidence of their inability to manage health, safety, or finances, and securing court approval. The process is governed by the California Probate Code (Sections 1800–1898) and prioritizes the individual’s rights and autonomy. Did you know 1 in…
If someone is already incapacitated in California, you cannot obtain a standard power of attorney because it requires the principal to be mentally competent at the time of signing. Instead, you’ll need to petition the court for conservatorship, which grants you legal authority to make decisions on their behalf. However, if a durable power of…
If someone is already incapacitated, you can’t obtain a standard power of attorney because it requires the principal to be mentally competent at the time of signing. Instead, you’ll need to petition a court for guardianship or conservatorship to gain legal authority over their affairs. However, if a durable power of attorney was set up…