Will and Power of Attorney

[lilflint]

I have a sickly neighbor, she has been given 3 - 6 months to live. She doesn't have a will and would like to make one. She doesn't have a lot of money (actually none) Her and her grandson live on his and her SS checks. This ladys son died several yrs ago he had a will, in which he stated that the son has the right to chose where he wants to live if he should die or grandma should die? Is this a legal form, or shoudl grandma write something out as her will to make sure that his will is enforced.

Second question. Power of Attorney can be given to anyone you chose correct?

Thank you
A helpful neighbor in CA

[BlondiePB]

I have a sickly neighbor, she has been given 3 - 6 months to live. She doesn't have a will and would like to make one. She doesn't have a lot of money (actually none) Her and her grandson live on his and her SS checks. This ladys son died several yrs ago he had a will, in which he stated that the son has the right to chose where he wants to live if he should die or grandma should die? Is this a legal form, or shoudl grandma write something out as her will to make sure that his will is enforced.

Second question. Power of Attorney can be given to anyone you chose correct?

Thank you
A helpful neighbor in CA

If the son/grandson is a minor, the only person who decides where he will live is a judge. If the son is not a minor, he can choose where he wants to live. If he wants to live in his grandmother's home, the executor must give his permission; however, the heirs to the estate have the right to have grandson pay rent and have the right to sell the home.

This lady MUST be of sound mind to make a valid will. This includes being on medications (i.e. pain killers & amount being taken). The same holds true for granting one as his/her POA agent. The POA can be whoever the lady chooses and SHOULD be one that does not have money problems.

[seniorjudge]

A power of attorney expires at the same time that the person giving it expires.

If the lady has no property (real, personal, or mixed) she does not need a will.

You cannot will human beings in this country.