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.
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.
Give A Hug -- I don't have the current one, so will need to find something else.
Thanks, everyone, for all your help!
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.]
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!