Full question:
How can I find out if my brother has Medical Power of Attorney over my mother?
- Category: Power of Attorney
- Subcategory: Advanced Health Care Directive
- Date:
- State: Colorado
Answer:
A power of attorney (POA) which is lost or misplaced poses many difficulties for those expected to act under it. Suggested places to look include a safe deposit box, under the mattress, between pages of books, in glove boxes or trunks of vehicles, or wall or floor safes. A court order may be required to look in a safe deposit box if you're not on the signature card.
If you're unable to identify the attorney who drew up the POA, you may look through checkbooks to find checks written to attorneys or law firms. As a last resort, one might try cold calling lawyers in the area yellow pages. Be thorough, although an attorney may not remember the client, he or she may have referred them to a paralegal or someone else in the probate department.
Friends of the deceased who may have witnessed the POA may be consulted to see if if the principal ever mentioned where the POA was kept or who drew it up. The principal's address book will be a source of names to call.
You may try calling the county recorder's office or courthouse (ask for the Probate Division) to see if the POA was filed, but typically, this document is not a public record that is filed in public records. Colorado statutes allow the agent to sign an affidavit stating that the power of attorney has not been revoked (see link below).
Please see the information at the following links:
http://definitions.uslegal.com/h/health-care-directives-power-of-attorney/
http://definitions.uslegal.com/p/power-of-attorney/
http://lawdigest.uslegal.com/estate-planning/power-of-attorney-overview/
Please see the forms at the following links:
http://www.uslegalforms.com/co/CO-P006.htm
http://www.uslegalforms.com/powerofattorney/coloradopoa.htm
http://www.uslegalforms.com/co/CO-P024.htm
http://www.uslegalforms.com/co/CO-P021.htm
http://www.uslegalforms.com/co/CO-P015.htm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
