Posted by Kathleen/CA on 3/1/08 10:45am
Msg #237747

Durable POA / Nomination of Conservator

I'm in CA, question. I have an individual that called me this morning, the daughter. She has a Durable POA with Nomination of Conservator she needs notorized. The mother was delivered to her yesterday and is not able to write,speak and recongnition of those around her comes and goes. I know I would need two witnesses that would need proof of who she is, she is not from this area. But beyond that as she can not sign or acknowledge she wants this document executed can this still be notarized? Thanks for your assistance.

Reply by Linda_H/FL on 3/1/08 11:04am
Msg #237751

Mother needs to communicate to you that she knows what she's signing and understands the implications of the document (you don't explain it - she just needs to let you know she knows what she's doing)...

Personally, under the scenario you gave, IMHO I wouldn't touch it ... "The mother was delivered to her yesterday and is not able to write,speak and recongnition of those around her comes and goes"...sounds like these people need court intervention for appointment of a Conservator/Guardian. JMHO

Reply by Kathleen/CA on 3/1/08 11:46am
Msg #237756

Thanks Linda, I have declined n/m

Reply by John_NorCal on 3/1/08 12:40pm
Msg #237764

Wise move-no need to take on liability needlessly n/m

Reply by BrendaTx on 3/1/08 2:22pm
Msg #237774

Re: Wise move-no need to take on liability needlessly

I love those calls (not!) which explain that mom is not lucid all the time but most of the time she is...so could I just come notarize a power of attorney for them because they are going to need it real soon.

Someone may have already mentioned this but one reason for the push to get those is because if they have them, it can mean a lot cheaper route into taking care of mom's affairs when she becomes totally incapacitated. The key word is cheaper. I have had some powerfully severe guilt trips attempted on me.

I don't know about other states but the Texas probate/guardianship law provides for getting these things done in court even if the person's estate cannot pay for it. It's likely that the people calling know that as well, but if there is anything at all in the estate of "mom" they don't want to deal with the expense. Or, they think they'll be clever and deed out any property so that they can get mom on Medicaid...which is a fraudulent transfer.

It's not pretty.

Of course, not all situations are motivated by greed, but sometimes it is. Just like the knowledge of child abuse must be reported, so must elder abuse be reported, as I understand it, these days.

Having only called the local elder abuse agency only once it was my experience that they were very cautious about proceeding where they were not needed. They investigated thoroughly and moved cautiously. I would not be afraid to call them again if I felt it was beneficial to the elder. (I was not acting as a notary when doing this; it was unrelated to being personally asked to do notary work.)

http://www.enotary.org/news/glena2.shtml
At the above link is a story where one notary did encounter elder abuse and took action on it...but certainly, it was more than just a phone call that alerted her.

The point of this post? Probably because I have a few minutes on my hands to kill and I was reminded of Glena's reporting elder abuse a few years back. It's just good to remember that if you do encounter a *possible* elder abuse situation there are ways to get it investigated....not that anyone in this thread has or did...it's just shared information.

Reply by Stamper_WI on 3/1/08 8:19pm
Msg #237797

Not just the elderly

My 22 yr old became temporarily incapacitated in January. I had all my girls sign at least a medical POA when they turned 18 but this one never signed a general one allowing someone to pay her bills and do her banking. On the way to the hospital, she insisted we stop and pay her cell phone bill for which she had cash and they would not allow me to pay it because she had not given them permission to let me. So I dragged the clerk out to the car so she could talk to my daughter who was all doped up on morphine. We showed the clerk her ID and they asked her if it was OK for me to pay for the bill.
About a mile down the road. my daughter roused herself and asked "Who was that Lady talking to me through the window and what did she want?"
Its something most kids at 18 don't think of, but when something bad happens it can be financially devastating to them at a time when they have little and are building credit. The medical POA is crucial!