Due to COVID 19 the nursing facility won’t allow a notary to enter the premises.. She has no will, nor am I a beneficiary.
She has stage 4 Cancer and I need to access her bank so that I can obtain funds to remove her possessions from her apartment because her lease is up in two weeks and since she’s in hospice she will never be able to work again nor return to the apartment. The landlord is pressuring me to return to Los Angeles and take care of it. I do not have those type of resources in addition to a full-time job and responsibilities in South Carolina. Frustrated.
So, I'd inquire if they may be able to have the notary witness her signature by Skype, if the facility will set up the camera. Most legal offices know how to get things like this done, if it's allowed in that jurisdiction. Also some companies that handle messenger services, faxing, scanning, legal service and notary. You can google to find them or a law office may be give you a referral.
The issue is that no one will be interested in helping with this, if they suspect she is not of sound legal mind.
After reading the 3 earlier posts, clarity of mind assumed to be sufficient to execute, I would contact one of the smaller elder law firms and ask if they'll handle execution at the facility by allowing one of the staff, or admins, to witness. And separately your acceptance can also be witnessed, by a notary at the law firm, pages faxed, and a properly completely document assembled.
(If you don't give them an incentive by asking them to participate, they may decline to give you advice.)
I also agree with Sunnygirl; I'm sure that elder law firms, especially the kind that cultivate senior expos, have already made arrangements for this.
You might also ask the hospice facility how they've handled this in similar situations.
Another option is to invoke the landlord's sympathy and ask if he/she will hold the apartment while you're working out the details. Or ask an elder law attorney to work out some kind of arrangement in which the belongings are left there pending final disposition, with rent to be paid then.
Are you the sole heir under intestate laws? I.e., with no will, disposition of assets will be according to state statute. If you're the only statutory heir, that eliminates getting anyone else involved. You may want to raise these issues as well lwith a senior center visiting lawyer (they typically used to offer free advice weekly or biweekly) for some suggestions on best planning and management, as well as intestate asset disposition.
Good luck; please let us know what arrangements you're able to work out.
Now it may be too late for her to sign a POA if she has dementia. It’s too bad you didn’t have the resources but it appears your mother has assets. Perhaps mother could pay for an attorney to get the process started?
There are a few things that are easier with covid, albeit different.