Wills, Trusts, Powers of Attorney & Advance Healthcare Directives
Powers of Attorney
Advance Healthcare Directives
Grant Deeds and More…
An estate plan is a gift we give our loved ones. As dreaded as that task may be, when you have completed your will or trust you will experience peace of mind knowing that you have provided for those you love. Equally important are the Advance Healthcare Directive and Healthcare Power of Attorney. You can take comfort in knowing that your wishes will be honored in the event that you become incapacitated or are facing a medical procedure.
Once your estate documents are ready for signing, I will be happy to help. Call to schedule an appointment wherever you are: home, hospital, rehab or assisted living facility, retirement community or skilled nursing facility.
• Advance Health Care Directive
• Power of Attorney
• Grant Deed
• Last Will & Testament
Frequently asked questions:
What forms will I need?
I am often asked about the various forms but, because I am not an attorney, I cannot offer legal advice. For questions regarding proper forms please consult an attorney.
Where can I find the forms I need?
By law, notaries are prohibited from providing any forms.
Working with an attorney will assure that your estate plan is legally enforceable and your wishes will be carried out.
A Web search will produce more options as well. There are many online legal sites such as Legal Zoom that may be of help.
My mother is very ill. Can she still sign the documents?
When signing legal documents the signer must be alert and cognizant. The signer must indicate to the notary that she is a willing participant and understands the significance of what is being signed.
My sister has dementia. Can you help with her Power of Attorney?
When a signer is not able to understand the purpose of a document, whether it is the result of dementia or from narcotics for pain management, the signature I cannot notarize that person’s signature. In this circumstance it is necessary to call an attorney or check with the County Public Defender’s Office to find out if a conservatorship is an option.
I can’t find my father’s ID. Can we use his Social Security Card?
In California, a notary must identify a signer by means of an UNEXPIRED government-issued photo ID. These include Driver’s License, DMV-issued ID or Senior ID card or Passport. Social Security cards, credit cards, birth certificates and expired IDs cannot be used for identification.
If no valid ID exists or it cannot be located (often the case when someone is in a care situation), there is an alternative. I will ask to have two witnesses present who will swear under oath that the signer is who he says he is. These two witnesses must present valid photo IDs.
Who can witness my signing?
A witness must be a neutral third party who has no financial interest in the document being signed. Commonly, witnesses are friends, neighbors, colleagues or caregivers. A family member or anyone who has a financial interest in the document being signed cannot act as a witness. Hospital and care facility personnel generally are prohibited from acting as a witness to a signing. If two witnesses are utilized to establish identity they will be asked to present valid photo IDs and confirm under oath that the signer is who he says he is.