My mom is 88 was healthy until Oct 2013. She moved in my house a year ago. We talked about paperwork but never did it. Now I need a power ...

Question

My mom is 88 & was healthy until Oct 2013. She moved in my house a year ago. We talked about paperwork but never did it. Now I need a power of attorney and she is in agreement of it. The problem is she cannot physically sign it. When I asked the notary at the rehab facility to help me with this she said she cannot because my mom cannot sign the document. Could I do an affidavit for the witness & notary in addition to the poa? It will say mom was in agreement & understands.

Answer

If your Mom cannot physically sign the document, how can you be sure she understands the document? You don't say what is wrong with her or whether this is a POA for healthcare or property. You should contact an attorney in your area who can go to the rehab facility with you and handle the "signing." Someone else can sign the document if your mother is unable to provided that your mother can give informed consent and is capable of understanding the document.

Answer

I strongly recommend that you do not arrange the signing of any Power of Attorney without consulting an attorney. If your mother lacks the physical capacity to sign that document, then she probably also lacks the legal capacity to sign that document -- and if you arrange for some kind of a signing, you may end up on the wrong side of an expensive, stressful Court battle.

She may be able to communicate with you, but that does not mean that she still has the capacity to make decisions.