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  1. #1
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    Default Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney

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

    My grandmother is 97 years old in a nursing home with dementia. In 2007 before she went to the home, she named my grandfather as her power of attorney. Recently, my grandfather's health and mind have begun to deteriorate and he named me power of attorney for him. Can he transfer his POA for her to me as well? Or would she need to sign a new POA? I don't think she has the mental capacity to do that. Nothing in her POA specifically states that he can or cannot and it does say that the power is meant to be interpreted broadly and that he has the authority to do anything she could do herself.

  2. #2
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    Default Re: Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney

    Unless you're named as an alternate in the original document, your grandmother would have to sign a new POA.

    You may need to look into conservatorship/guardianship instead.

    Some helpful info (and links to forms) can be found here

  3. #3
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    Default Re: Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney

    If I were able to catch her on a good day, who would I need to sign it? A notary? Witnesses?

  4. #4
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    Default Re: Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney

    It's not as easy as that, truthfully. She's either competent or she's not. Would you be able to have a physician state that she IS mentally competent?

  5. #5
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    Default Re: Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney

    Not all of the time. I think they call it waxing and waning dementia so she has good days when she's alert and tells about growing up on the farm, but other days she doesn't know her name.

  6. #6
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    Default Re: Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney

    then, more than likely, she is not going to be considered competent for this purpose. If anybody contested the POA, how would you prove she was competent on that particular day and time she signed the POA?

  7. #7
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    Default Re: Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney

    I don't know why anybody would contest it, but her neighbors witnessed it and it was notarized.

  8. #8
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    Default Re: Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney

    Quote Quoting Mermaidgirl
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    I don't know why anybody would contest it, but her neighbors witnessed it and it was notarized.
    I know a lot of reasons why somebody might contest a POA. I don't know if those situations do or might apply to you in the future. It was a statement meant to show why such a POA is not a good idea and possibly invalid.

    Unless her neighbors are doctors who can testify to her mental state, it really doesn't mean much. All a notarization means is the notary will swear to the fact the the person who signed the document is the person they claim to be.

  9. #9
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    Default Re: Can the Current Power of Attorney Transfer His Powers to a New Power of Attorney

    Quote Quoting Mermaidgirl
    View Post
    My question involves a power of attorney in the state of: Florida

    My grandmother is 97 years old in a nursing home with dementia. In 2007 before she went to the home, she named my grandfather as her power of attorney. Recently, my grandfather's health and mind have begun to deteriorate and he named me power of attorney for him. Can he transfer his POA for her to me as well? Or would she need to sign a new POA? I don't think she has the mental capacity to do that. Nothing in her POA specifically states that he can or cannot and it does say that the power is meant to be interpreted broadly and that he has the authority to do anything she could do herself.
    My mom went through a similar problem 2 years ago when my father passed away. My brother has POAs for both my mom and dad, but our attorney advised laws on POA's have changed in NY, and a new one conforming to the new laws are needed, and by then, my mom's Alzheimer's had progressed where she has no idea who she is on most days anymore.

    I also consulted my sister whose mother in law is under a guardianship by her husband. I am a New York State notary as well.

    As to my mom's POA, we managed to have it signed and notarized by a happy circumstance of events. My brother had a "traveling notary" come to to our house to notarize it in front of two witnesses. The notary was the first to arrive, watched my mom and said "I'm not sure I can notarize her".

    Ten minutes later, the two witnesses arrived, and coincidentally one of them was the tenant of the notary for a number of years, which we didn't realize. He asked that witness how long he knew my mom. The witness said he knew our family for over 20 years, and "yes", that women sitting there mumbling incoherently is my mom.

    Based on the witness ID, the notary satisfied himself that under the law, the witness confirm the ID of the person. Under this theory, the nursing home would be able to have someone confirm the ID of your mom, as they processed paperwork at her admittance, and someone in charge can act as a witness. In fact, the nursing might have someone on staff as a notary already. The senior center I worked at asked me to study for the notary course, paid for the course and the filing fees, because it is so much more convenient to have someone on staff as a notary, as compared to running out and finding one every time to notarize something. Under NY State rules, as long as "I as a notary" can confirm the ID of the person, it is NOT MY JOB to confirm the fitness and competency of that person.

    As to a guardianship, and as someone operating under a guardianship, my sister advised my brother and I to avoid one it if at all possible. She said many things they had to do requires court approval. One example was they had to clean out her MIL's house before showing it to sell it. They want to discard the 50 year old furniture, but the court insists they put the furniture up for sale. When no one was interested in buying 50 year old furniture, after holding 2 sales at the house, they had to take bids on contractors discarding the junk. This would have been totally unneccesarry if only a POA was used, and their common sense indicated the extra steps to be a total waste of time.

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