Agree. It's easy to be fooled. And even if a person is having a fully lucid moment, who knows if they'll remember what they did during the next lucid moment? Once someone mentions Alzheimers, it raises all kinds of red flags and isn't something I want to be involved with. So while I may not have the authority to question the validity of a POA that's already been executed, I absolutely have the right to refuse to notarize for someone whose lucidity I have doubts about.
I once ran into a situation like that with an elderly woman who was in an independent living facility for seniors. When I got there to notarize something for her, she looked to be very independent. She was nicely dressed and made up, no sign of a cane or walker, despite her very advanced years. She greeted me warmly and seemed very lucid. Also present was her attorney, who had scheduled the appointment with me.
Fortunately, we chit-chatted a bit before we got down to business. She asked a question of one of us and was given an answer. I thought all was well - until I heard her repeat the same question a few short moments later. When she repeated the same question the third time, after being told the answer twice, I was done. That attorney was VERY unhappy with me, so not only did I never hear from him again, I never got paid for the trip (fortunately very close by).
He claimed that he'd been looking after her affairs for her for a very long time so it should be no problem. If he was on the level, you'd think he would understand why I was not comfortable notarizing for her and that I couldn't take his word that she was OK with whatever was in the document. In hindsight, I also wondered why he hadn't had a POA previously executed way before then, so if she legitimately wanted him handling her affairs, he could have signed on her behalf.
I'm just glad that I've made it a habit to have a conversation with a signer before notarizing their signature on anything!
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| Messages in this Thread |
|  accepting POA on a QCD - Blueink_TN on 11/24/19 2:44pm |
|  Re: accepting POA on a QCD - Lee/AR on 11/24/19 2:49pm |
|  I agree with Lee/AR. -  JanetK_CA on 11/24/19 3:13pm |
| By your post I assume title did not mention this in - Linda_H/FL on 11/24/19 2:49pm |
| I agree Linda. We can't assume the POA wasn't - MW/VA on 11/25/19 8:25am |
| No I Definitely Would Not Have Accepted The POA - PegiT_MN on 11/24/19 2:52pm |
| A durable general POA most certainly would be acceptable - Linda_H/FL on 11/24/19 2:54pm |
|  Not to mention it's not our role to accept or decline - Linda_H/FL on 11/24/19 2:55pm |
| You Are Right. I Worded My Post Wrong. - PegiT_MN on 11/24/19 2:57pm |
| Re: A durable general POA most certainly would be acceptable - Cheryl Elliott on 11/24/19 2:57pm |
|  Good comments~ - Blueink_TN on 11/24/19 3:01pm |
| So You Would Have Accepted The POA? Not Me. - PegiT_MN on 11/24/19 3:02pm |
|  I already said what I would have done - especially on a - Linda_H/FL on 11/24/19 3:13pm |
|  I Was Asking Cheryl. n/m - PegiT_MN on 11/24/19 8:58pm |
| Re: A durable general POA most certainly would be acceptable - LJCA on 11/24/19 4:08pm |
| Re: A durable general POA most certainly would be acceptable - ikando on 11/26/19 6:35pm |
| Re: No I Would Not Have Accepted The POA - Signerbill on 11/26/19 5:35pm |
| Signerbill~ this makes sense - Blueink_TN on 11/27/19 8:36am |
| Re: accepting POA on a QCD - Luckydog on 11/24/19 5:53pm |
| let us know how this turns out tomorrow n/m - shooterclay on 11/24/19 6:19pm |
| Re: let us know how this turns out tomorrow - BearPaw/CO on 11/24/19 7:13pm |
| Re: hmmm — POA and QCD could spell license to steal n/m - Carolyn Bodley on 11/24/19 9:52pm |
| I agree Carolyn..which is why my post ended with - Linda_H/FL on 11/25/19 6:46am |
| Re: no need to hush Linda - Carolyn Bodley on 11/25/19 8:53am |
| Re: accepting POA on a QCD - Cheryl Elliott on 11/25/19 7:55am |
| Re: POA, in and of itself, is a legal document - Carolyn Bodley on 11/25/19 8:45am |
| Re: POA, in and of itself, is a legal document - Carolyn Bodley on 11/25/19 8:50am |
| Just so everyone is clear, the property held in a trust - Cheryl Elliott on 11/25/19 11:41am |
| So, Blueink_TN...how does this end? n/m - Lee/AR on 11/25/19 1:25pm |
| Re: So, Blueink_TN...how does this end? - Blueink_TN on 11/25/19 1:54pm |
| Re: So, Blueink_TN...how does this end? - Carolyn Bodley on 11/25/19 2:49pm |
| I would definitely pass on this one, Blueink. - Cheryl Elliott on 11/25/19 4:00pm |
| If, and this is a big IF, they can find another lender - Linda_H/FL on 11/25/19 4:12pm |
| Re: If, and this is a big IF, they can find another lender - Blueink_TN on 11/25/19 4:55pm |
| Re: If, and this is a big IF, they can find another lender - Carolyn Bodley on 11/25/19 5:25pm |
| Re: DPOA not DOIA — big fingers n/m - Carolyn Bodley on 11/25/19 5:28pm |
| Re: If, and this is a big IF, they can find another lender - Linda_H/FL on 11/25/19 5:26pm |
| Re: Linda: n/m - Carolyn Bodley on 11/25/19 5:29pm |
|  Re: Linda: ....Yes Ma'am? :) n/m - Linda_H/FL on 11/25/19 5:32pm |
| Re: Linda: - Carolyn Bodley on 11/25/19 5:34pm |
|  Possibly...all I know is you're right..it's a horrid disease n/m - Linda_H/FL on 11/25/19 5:40pm |
|  Just got a call from Title - Blueink_TN on 11/25/19 7:53pm |
|  Interesting. It's their call to make. n/m - MW/VA on 11/25/19 8:01pm |
| never accept? doubt that. sure must be pre-approved by TC - sigtogo/OR on 11/26/19 10:27am |
|  wait! no Alzheimer, dementia according to Blueink signer - sigtogo/OR on 11/26/19 10:44am |
|  Re: wait! no Alzheimer, dementia according to Blueink signer - Yoli/CA on 11/26/19 2:07pm |
|  yes dementia, no alzheimer was my point. Also seems - sigtogo/OR on 11/26/19 3:31pm |
 | Re: If, and this is a big IF, they can find another lender - JanetK_CA on 11/25/19 9:27pm |
| Re: If, and this is a big IF, they can find another lender - Blueink_TN on 11/27/19 8:54am |
| Re: If, and this is a big IF, they can find another lender - Carolyn Bodley on 11/27/19 9:16am |
| Re: If, and this is a big IF, they can find another lender - Blue/CA on 11/27/19 10:31am |
| Always call your hiring entity - Blueink_TN on 11/27/19 10:42am |
| Re: If, and this is a big IF, they can find another lender - Carolyn Bodley on 11/27/19 12:58pm |
| Blueink-why do you think this? - sigtogo/OR on 11/27/19 12:29pm |
| Once again, know your state law on this issue! - JanetK_CA on 11/27/19 3:22pm |
| Re: why I said not every case is financial elder abuse or - Carolyn Bodley on 11/27/19 7:36pm |
