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  1. #1
    Join Date
    May 2013
    Posts
    3

    Default Can the Attorney-in-Fact Also Notarize the Power of Attorney

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

    Can someone who is a notary in the state of Maryland, sign herself as POA in the state of PA? I am assuming that she may have been deceitful in getting her mother to sign the papers. She had a stroke, and is very limited in communicating. She appears to have had significant damage to her brain. She is my ex-mother in-law.
    Her daughter was once her POA, when she was fully aware and healthy about 12 years ago. Her daughter took out a second mortgage against her home, and daughter used the money. The mortgage payments were not paid. Her daughter convinced her mother to spend a few nights at her aunt's home. While my exMIL was gone, she had changed the locks. She would not let her into her own home. My exMIL tried to get into the house via window. My exSIL had her new bf there, and he called the cops. Unfortunately, they told my mother that she had no legal rights to break into house, although it was morally wrong. I forgot to mention that she placed house in my exSIL name at same time she made her POA. The house was lost to sherrif's sale.

    Since that incident happened, my exMIL revoked her as POA. She never named anyone as her POA. She was homeless and on SS. My exMIL went to live with her sister. Her sister had died last year. Unfortunately, exMIL had a stroke. Her daughter lives in MD. My son told me that my exSIL made herself POA by notarizing all of the forms. I don't see how that is even possible. Her daughter came up here and her plan was to move her back to live with her and be her caregiver. I think she gave up on that idea when she learned there was nothing to be gained. Seemed to be nervous about the five year look back of finances. And, called my son to ask if my exMIL gave him $4000 not too long ago. My son told her that she bought his car. My exSIL said that she did not want my son to get into trouble. TBH, against my wishes she enabled my son and did him no favors.

    Being that she is in a nursing home, would she have an advocate looking out for her best interests? I told my son that I don't think there is anything else my exSIL can do. I am assuming that the nursing home is now the payee of her SS. And, her making herself financial POA holds no ground anymore. I am assuming that it was not legal.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,263

    Default Re: Can the Attorney-in-Fact Also Notarize the Power of Attorney

    Quote Quoting janna257
    View Post
    My question involves a power of attorney in the state of: PA

    Can someone who is a notary in the state of Maryland, sign herself as POA in the state of PA? I am assuming that she may have been deceitful in getting her mother to sign the papers. She had a stroke, and is very limited in communicating. She appears to have had significant damage to her brain. She is my ex-mother in-law.
    Her daughter was once her POA, when she was fully aware and healthy about 12 years ago. Her daughter took out a second mortgage against her home, and daughter used the money. The mortgage payments were not paid. Her daughter convinced her mother to spend a few nights at her aunt's home. While my exMIL was gone, she had changed the locks. She would not let her into her own home. My exMIL tried to get into the house via window. My exSIL had her new bf there, and he called the cops. Unfortunately, they told my mother that she had no legal rights to break into house, although it was morally wrong. I forgot to mention that she placed house in my exSIL name at same time she made her POA. The house was lost to sherrif's sale.

    Since that incident happened, my exMIL revoked her as POA. She never named anyone as her POA. She was homeless and on SS. My exMIL went to live with her sister. Her sister had died last year. Unfortunately, exMIL had a stroke. Her daughter lives in MD. My son told me that my exSIL made herself POA by notarizing all of the forms. I don't see how that is even possible. Her daughter came up here and her plan was to move her back to live with her and be her caregiver. I think she gave up on that idea when she learned there was nothing to be gained. Seemed to be nervous about the five year look back of finances. And, called my son to ask if my exMIL gave him $4000 not too long ago. My son told her that she bought his car. My exSIL said that she did not want my son to get into trouble. TBH, against my wishes she enabled my son and did him no favors.

    Being that she is in a nursing home, would she have an advocate looking out for her best interests? I told my son that I don't think there is anything else my exSIL can do. I am assuming that the nursing home is now the payee of her SS. And, her making herself financial POA holds no ground anymore. I am assuming that it was not legal.
    If you are correct in what happened, no, it was not legal at all. However, since your ex mother in law has no assets or income other than her social security, there is little that her daughter could do at this point to cause any further harm.

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