Power of Attorney Forms are not filed with the State, instead you will have to download or get a form, have it signed by you and your mother in front of a public notary.
You can find a public notary at every branch bank in the United States.
If your mother grants you the power of attorney. Otherwise it will require a court order.
To make a valid power of attorney document, your mother would need the mental ability to fully understand what the document is and what it does -- and to consent to giving you power of attorney. If she's already mentally incapacitated, it's too late for her to agree to allow you to handle her affairs. But there is another way to get this authority. You can go to court and ask a judge to appoint you as your mother's conservator.
If they are mentally competent, yes. Their disability does not disqualify them.
When you are signing a check for power of attorney in California, you must sign the person's name you are representing, then below write,"by (your name) Acting as POA"
No. Only a competent person can execute a power of attorney, so (by definition) a mentally disabled person cannot execute a valid power of attorney. What would be necessary is the court appointment of a guardian for the brother. Of course, any proceeds from the sale of the brother's property would go first to repay the State of California for his care and the rest would be set aside to pay for his future care.
People can dispute whatever they want. But, assuming the power of attorney was for you if you become incapacitated or incompetent and named your mother as your power of attorney in that instance, she'll lose if she disputes it. You can name whomever you want as your power of attorney and no judge anywhere would rule otherwise.
California has made available statutory power of attorney forms for financial and medical matters. You can purchase these forms at stores that sell legal forms.
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
In most cases it is possible. Unless there are restrictions in the power of attorney document.
Your brother cannot be the 'power of attorney' for your mother's estate. A Power of attorney is extinguished upon the death of the principal. If your mother has died then your brother has no more authority over her property. In order to obtain the legal right to manage her estate you must apply to the probate court for appointment as the personal representative of her estate.
You must be a court appointed guardian to over-ride your mother's decisions. A Power of Attorney does not give you that type of authority.
Only if you have your mother's power of attorney may you pick up your mother's pension.