Hello, my Great Aunt is currently in a nursing home. She is 88 and has dementia and really has no clue who anyone is anymore. The social worker would like us to complete a financial and medical power of attorney for her. I know this should be done since there is no one to handle her affairs. She really doesn't have much of anything but I am sure this is still good to have. We do not have the money to involve a lawyer and the nursing home said you can print the power of attorney off line and they have a notary available there. We did this and took them into her.. she is no longer able to write so she signed with an X and the notary in the room noterized this.. is this now legal???
2007-08-07 07:50:58 · 7 answers · asked by Shelly B 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Certainly is, provided that the notary satisfied themself that the lady who signed was indeed the correct person and that she was unable to sign other than with an X.
2007-08-07 07:54:20 · answer #1 · answered by Sal*UK 7 · 0⤊ 2⤋
No way, not with dementia. One must be of sound mind to give a power of attorney. It's best to line up these things before they are needed, and now you see why. Someone will now need to go through the court system to get appointed her guardian. Talk to a local lawyer about it, the requirements vary from state to state.
Also, the nursing home employee had better stop advising such things. The nursing home could end up in trouble over that one day. It wouldn't matter if the patient was of sound mind, but she's not.
2007-08-07 16:31:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
NO. Because she has dementia she was not cognizant of the document she signed. You needed a competent attorney. So for the sake of saving a little money at the front end you have opened yourself up to future litigation. Had you had an attorney he/she would have drafted the appropriate documents including one from a doctor certifying her condition, brought in witnesses to the signature that were not family or involved in her care, and made sure it was legal for your state. It is not the X that is the problem it is that she did not know what she was signing.
2007-08-07 16:40:14 · answer #3 · answered by CatLaw 6 · 0⤊ 0⤋
No, it is not legal if auntie doesn't have her mental faculties. This could well be challenged in a court of law if someone claims that Auntie signed this in a state of dementia, since a person in such a state cannot sign a legal agreement.
I would recommend petitioning the courts for a writ of incompetence, such that you can gain legal power of attorney via the courts decision.
2007-08-07 16:41:50 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
Doubtful. A person with dementia cannot legally make decisions for oneself, therefore, they cannot sign powers over to anyone. Medical may be different story. If you are the legal next of kin, you may be able to be a healthcare surrogate for her.
2007-08-08 00:10:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Absolutely not! She is not of sound mind. A court must appoint a representative for her when you go before the court to become her guardian!
2007-08-07 14:55:34 · answer #6 · answered by Anonymous · 1⤊ 0⤋
depending on the state you are in and what is the POA stating. Make sure what the poa reads.
2007-08-07 14:55:12 · answer #7 · answered by luna 5 · 0⤊ 1⤋