Posted: January 9th, 2018
Recently, the State Bar found a nursing facility to have violated the “unauthorized practice of law” statute. The facility had advised a resident’s relative to get a power of attorney (POA) and had provided a form to her. The State Bar determined that the facility social worker had supervised the execution of the document and their employee had notarized it. These employees were not licensed attorneys.
The resident had had a severe stroke, and was the subject of an incompetency (guardianship) proceeding when the POA was signed. Soon after it was signed, a court adjudicated her incompetent, and her guardian revoked the POA. The guardian ad litem, Professor Kate Mewhinney, filed a complaint about the nursing home’s actions with the State Bar.
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