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  1. #1
    Join Date
    Feb 2011

    Default Signed Statement Requested by Power of Attorney Holder

    My question involves a power of attorney in the state of: Kentucky

    My Aunt is apparently the PoA for her mother, who is my Grandmother. Note: I'm not 100% certain of the documents or even the status of the PoA, but I know she is an authorized signer on my Grandmother's checking account. At any rate, my Grandmother's memory is beginning to fail; she gets confused and her short-term memory is being affected.

    My Aunt is about to prepare my Grandmother's taxes and has asked me for a written statement attesting to that fact that my Grandmother needs help. Here is the statement which she prepared and asked me to sign and have notarized:

    I have been aware for some time that my Grandmother, [NAME], has been having problems with her memory and can't recall like she once was able to do. Her short-term memory has become an issue. She has been having trouble handling her personal business, such as paying bills and getting information together for her taxes to be prepared, and keeping up with her accounts. She gets confused about what is junk mail, and what is important business mail that needs to be kept or action taken. She is living at home and is ok doing routine daily things but needs help with things that are not routine or handling business matters.

    She wrote the statement (not I). While the statement strikes me as unusual (wording, and even some content), it doesn't really strike me as a "legal" document. So... I have a few questions I would like to discuss:

    1. What LEGAL reason could there possibly be for such a statement? Would the IRS or a Tax Preparation service require something like this?
    2. Why would something like this need to be notarized? I must say, that puzzles me.
    3. I have not spent any material time with my Grandmother in the last two years, due to the physical distance which separates us. I have not observed these issues first-hand, only heard about them from family members. Would there potentially be any ramifications for me signing a statement like this?
    4. Presuming my Aunt is the estate's executor, could my signing this statement in any way change my Aunt's ability to intervene and change my Grandmother's will? For example, if she had my signature on this statement, could she later fabricate the notion that my Grandmother wanted to change her will (removing me)... and legally do so in a way that would prevent my objection, since I had agreed, in writing, that my Grandmother could not handle "business" issues? Would signing this statement somehow relinquish or weaken my potential [future] objections to such a change in my Grandmother's will? I'm not a suspicious person, but I also am aware that my Aunt does not approve of certain aspects of my life, so I greet this statement with some skepticism.

    Thanks in advance for any advice.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Signed Statement Requested by Power of Attorney Holder

    1. Your aunt has a purpose behind requesting the letter. Perhaps she is going to seek a guardianship. Rather than asking us to guess at what that may be, ask her.

    2. If it's not a statement under oath, but the notarization is solely to confirm your identity, you'll have to ask your aunt what she has in mind. If it's an affidavit, then the purpose would be to have you swear that your statement is true.

    3. If you don't have any knowledge of the facts, tell your aunt that you have no knowledge and thus cannot execute a statement claiming personal knowledge of things you know only by rumor and hearsay.

    4. Your aunt cannot change your grandmother's will. If your grandmother is mentally competent she can change her will. If not, it's too late to change her will.

  3. #3
    Join Date
    Feb 2011

    Default Re: Signed Statement Requested by Power of Attorney Holder

    Thanks, Mr. Knowitall. I appreciate your help.

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