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  1. #1

    Default Forgery of a Power of Attorney

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

    While my father was in a nursing home & no longer competent after having several strokes, he was at the point that he could no longer hold a pencil to write his name, my mother had my brother, who had the same name as my dad (brother was a junior) sign a power of attorney form giving my mom power of attorney over my dad. Is there a statue of limitations on prosecuting my brother for this?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Poas

    if your father was incompetent, it matters not what was signed as he could not appoint an agent under a POA.

    but a person not being able to hold a pencil does not mean they are mentally incompetent.

    but to your issue:

    what proof do you have this took place?
    was the POA used to the detriment of your father?

    as to prosecuting whatever crime that may have taken place; almost all crimes have statutes of limitations. Offhand I cannot say what crime he may have committed but if you believe a crime was committed, you need to report it to the police.

  3. #3

    Default Re: Poas

    I guess I don't have any evidence other than my mom's statements that her attorney drew up the papers and my brother signed them in the attorney's office.

  4. #4
    Join Date
    Oct 2006
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    Default Re: Poas

    Quote Quoting meandbobbymcgee
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    I guess I don't have any evidence other than my mom's statements that her attorney drew up the papers and my brother signed them in the attorney's office.
    What is your actual goal here?

  5. #5
    Join Date
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    Default Re: Poas

    Quote Quoting meandbobbymcgee
    View Post
    I guess I don't have any evidence other than my mom's statements that her attorney drew up the papers and my brother signed them in the attorney's office.
    Was the POA notarized? If so, the notary's records should reflect that the documents were signed at the lawyer's office, and may include ID information (such as a driver's license number) showing that "junior" signed the documents. If the records show that the location was the lawyer's office, and dad wasn't mobile, that would also indicate that he wasn't present to sign them.

    But as llworking says, what's your actual goal here?

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