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  1. #1

    Default Getting Power of Attorney Signed by Elderly Parent

    My question involves a power of attorney in the state of: CA
    My mother is currently resting in convalescent home following short-term admission for dehydration; she is expected home in a few days. A slight amount of dementia has set in but she looked good and much improved otherwise when I visited her today. I have not procured a POA, and I know it's a big problem. We've had discussions but she resisted allowing anybody access to her checking account. Now a minor health crises has caught us by surprise, and it's time. I can talk to my Mom and explain what is happening and why. My two siblings are aware of the problem and support my efforts to get it done. I would like to know at what point a notary might refuse to notarize/witness a POA signed by her (it will be general durable POA for property management and health care management). Would it help to have the two siblings present? Thank you.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Getting Power of Attorney Signed by Elderly Parent

    Not sure what you are asking. All a notary does is witness a signature and attest to the identity as proven to them.

    The presence of a notary's in no way assures your mother is competent to sign a poa. Given her condition you should speak with her doctor(s) to begin to understand her condition an then if she is less than 100% speak to an attorney who can advise you as
    to whether your mothers condition is such her authorization on a poa is valid.

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