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Re: dementia
Posted by SC/CA of CA on 5/20/22 1:02pm Msg #640155
Yes, I had a situation where coercion was involved. It does happen.

To check for mental competence, I asked to speak with an elderly signer alone, and asked the others in the room to leave so I could ask basic questions (like Clem’s questions- date, awareness, etc.) unprompted.

At which point, the signer disclosed that she did not want to sign the documents (as it would be giving her home solely to her son, and she had other children to consider). When the son returned to the room, she changed her demeanor, cowered in his presence and started to backtrack. I politely but firmly let them know that I would not be proceeding. The hiring party was a good client and was fully supportive.
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Messages in this Thread
 dementia - obbie on 5/19/22 8:27pm
 Re: dementia -  Cheryl Elliott on 5/19/22 8:51pm
 Re: dementia - obbie on 5/19/22 9:05pm
 Recalling a time when I visited assisted care to notarize a -  Cheryl Elliott on 5/20/22 2:00pm
 Has he been deemed incompetent? - Linda_H/FL on 5/19/22 10:48pm
 Re: dementia -  JanetK_CA on 5/19/22 11:50pm
 just guessing - PaigeTurner on 5/20/22 5:51am
 Re: just guessing - obbie on 5/21/22 9:11am
 You did the right thing - PaigeTurner on 5/21/22 6:42pm
 Awkward situation. I'd be curious as to why the lender -  MW/VA on 5/20/22 8:52am
 Sounds like the lender is suspicious of the POA. Make sure -  MW/VA on 5/20/22 2:46pm
 Re: Awkward situation. I - PaigeTurner on 5/20/22 4:31pm
 That's not true - in Florida, if there is a viable POA in - Linda_H/FL on 5/20/22 4:36pm
 Re: That - PaigeTurner on 5/21/22 6:19pm
 Here you go...law was passed several years ago - Linda_H/FL on 5/22/22 7:52am
 Re: Here you go...law was passed several years ago - PaigeTurner on 5/22/22 6:23pm
 Re: dementia - Clem/CA on 5/20/22 9:15am
 Re: dementia - Carolyn Bodley on 5/20/22 9:29am
 Re: dementia - SC/CA on 5/20/22 1:02pm
 I would avoid it... - FeliseSoCal on 5/20/22 3:53pm
 Re: dementia - PaigeTurner on 5/20/22 4:34pm
 In the end no one wants to end up in court -  Cheryl Elliott on 5/21/22 8:18am
 Re: In the end no one wants to end up in court - obbie on 5/21/22 9:15am



 
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