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Mentally competent to sign POA?
The ONLY person that can deem another person is not competent is a JUDGE.
The notaries and Attorneys are basically placing a seal on the document to verify that they "believed" that the person signing the document was "aware" of what they were signing at the time they signed the document.
I took my X's Mother in Law to a bank notary for her son to have access to financial documents and the POA was notarized for free by a bank notary.
Even if you have a POA you need notarized which is not financial....you can go into your bank and ask your notary to be a witness.
Edited: In all honesty....If you need a paper signed NOW....pick a day that your LO is doing WELL...explain the paper ....fill it out together and get to the nearest bank and have it notarized...Simple 10 minute process...DONE.
It carries as much weight as if you go pay 350 dollars for a lawyer to sign it.
I think Missy asked in another thread - why a CELA attorney? This is another good reason why.
A licensed attorney is required to uphold specific ethical standards as a requirement to maintain a license. This includes verifying competency to a specific standard - a attorney verified signature holds much more weight than a notary at a bank.
For most people, this is a moot issue, since no one is challenging competency. But it can come up - and this can be another reason to retain an attorney for signed paperwork.
My MIL's attorney (MIL has MCI) is very very careful about what he tells her before he gets her signature on papers. He takes her understanding very seriously.
An online/signed at the bank DPOA/POA will be far less likely to hold up under a challenge.
Welcome to the club no one wants to join. We are glad you knocked on the door.
At this point in time Rockym brings up a good point. I am making an assumption here that you are going to be the DPOA and health care proxy. Are there any others that would challenge you on this? Even remotely? Dementia makes all evil heads rise eventually.
If there will be no challenges from other folks (siblings, cousins, other relatives or who ever), notary at the bank on one of mom's good days would probably do it. If there could be some challenges to your plan, maybe a visit with a Certified Elder Law Attorney would be in order. Misssy2 recently asked about the need to use a CELA and there were some very good replies. You may want to check that string out.
Good Luck and Best Wishes, Greg
My mom was going to sign poa the lawyer wanted to talk to her neurologist to make sure she was competent just in case someone would dispute it then we signed after he met with her alone and asked questions.
Ps you need to also have in the document that you get there social security or you have to go to the social security office which we did and signed there. And there are different poa I got one for financial and one for medical.
Anyone who also wants to Revoke a Power of Attorney...those forms are online too.
We were able to revoke my b/f brothers "attorney" status and switch it to my boyfriend.
His mother got sick of being threatened with the Nursing Home everytime she entered the hospital by his brother.
Really, I think I should ask my Dad if he wants me to do a Form to Revoke my Mothers POA.
Knowing my Dad....he would say..."Leave it like it is..if she wants me dead I will die...that's all".
He's a special man...stands up for this women he calls a wife/mother.
My MIL signed POAs while she was a resident in memory care. Not sure that they would have held up if her estate was large (it was miniscule) or if challenged, but they worked.