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The will my mom has is hand written and signed by two witnesses a it binding in the state of California or does it need to be notorized and do I need a power of attorney
It totally depends on what state your mother resides in and wrote the holographic will in. Many states recognize them as valid Wills, others like mine do not. Check with an attorney.
It's a bit confusing, as are most statutes, but hopefully it will help answer your question.
This is probably easier to understand, and briefer:
CALIFORNIA A Holographic Will is recognized as a valid Will, whether or not witnessed, as long as the signature and material portions of the Will are in the testator's own handwriting. A Holographic Will may be held to be invalid if it does not state the date of the execution and the date cannot be proven. A Holographic Will is also considered invalid if the testator lacked the required mental capacity to execute a Will. (Probate Code Section 6111)
So:
1. Did your mother have "capacity" (i.e., legal clarity, sound mind) to execute the Will?
2. Is it entirely in her handwriting except for the witnesses' signatures?
3. Is it dated?
Your mother should ideally have a financial as well as a health care power of attorney, assuming she's not suffering from dementia which would preclude her making important legal decisions.
In Nevada, a holographic (handwritten) will doesn't even need to be witnessed or notarized to be valid. I just attended a senior law program on this and POAs for medical issues. I am 100% sure on the holographic will in NV. If you do one though, make sure somebody knows where to find it when the time comes. The POA is different because it is for use before death, and is useless after death. Does your moms will say who she wants to carry out the wishes expressed in the will? A POA won't do any good for that. Call a local elder law attorney for a free phone consultation. Call several. Then you'll know if you need to book an appointment with mom for the attorney. Who actually has the will she drew up?
There's nothing wrong with it's being hand-written, as such. But this is a notorious legal danger zone - so if you want to be sure that your mother's will is valid and can be implemented on her passing, then spend a small amount of money and have it drawn up properly by a competent lawyer.
POA is a separate issue. Does your mother still have capacity? Because if she wants to grant you POA then she has to be legally competent to do that. I think you'd better seek professional advice, don't you?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6110-6113.
It's a bit confusing, as are most statutes, but hopefully it will help answer your question.
This is probably easier to understand, and briefer:
CALIFORNIA
A Holographic Will is recognized as a valid Will, whether or not witnessed, as long as the signature and material portions of the Will are in the testator's own handwriting. A Holographic Will may be held to be invalid if it does not state the date of the execution and the date cannot be proven. A Holographic Will is also considered invalid if the testator lacked the required mental capacity to execute a Will. (Probate Code Section 6111)
So:
1. Did your mother have "capacity" (i.e., legal clarity, sound mind) to execute the Will?
2. Is it entirely in her handwriting except for the witnesses' signatures?
3. Is it dated?
Your mother should ideally have a financial as well as a health care power of attorney, assuming she's not suffering from dementia which would preclude her making important legal decisions.
POA is a separate issue. Does your mother still have capacity? Because if she wants to grant you POA then she has to be legally competent to do that. I think you'd better seek professional advice, don't you?