She is 77 and her husband is 89. He is totally clueless about medical issues, and left her to die (palliative care). But a couple of us fought to have HER wishes recognized, and she is alive now and in a rehab center. I don't know if she has thought about changing POA or not, but if she wants to, I want to know how to go about it. Her speech is not very good at present.
It's a Doctor that can determine if a person is demented /incompetent, NOT a lawyer...the lawyer only makes sure the document is worded properly, and witnesses signature.
A Notary Public only witnesses a signature, after verifying ID, they are not supposed to read the document being signed, jsut that the right person signed it.
A stroke does not automatically ruin competency. LOTS of stroke patients are out in the world having active lives.
So yes--if Mom wants to re-do her POA [and she really should!], it can be done--and as soon as possible!
Elders, particularly women, need to understand that being "loyal" to her spouse has nothing to do with who she chooses as her POA!
Handwritten POA, in person’s own handwriting, usually does NOT need a Notary seal.
Oddly, a Notary seal on a person’s handwritten and signed POA will usually invalidate it.
If you write it in your handwriting, or type it up for them to sign, then, it DOES need a Notary seal.
For these, also, you might need a supporting letter from the Doc, stating the person has medical condition that needs others to write it for them, but that they are competent to make a POA--to help show you are not coercing them into it.
Any of them has to have name, date, and wording specific to what needs to be documented: POA probably needs to have an expiration date, as well as a start date, and what it is for [like health/medical care, financial care, etc.]
Give A Hug -- I don't have the current one, so will need to find something else.
Thanks, everyone, for all your help!
I am not sure about "Durable"...That might require a Lawyer to make sure it is worded exactly right, as well as being notarized for the signature.
Hospitals often shove [along with tons of other papers!] a medical POA form fo a patient to sign, upon admission to hospital.
The patient can sign it, but it is not good unless notarized, since it is a typed document, not all in the patient's handwriting.