QUESTION
Does a person have to be totally incompetent to have a POA without signing?
Asked on Apr 21st, 2020 on Elder Law - Oregon
More details to this question:
My aunt, who is 86 years old, has taken some falls and now is in a wheelchair and cannot even stand on her own. She needs to go into assisted living. IRA manager does not want to cooperate, saying my aunt needs to call him and tell him she needs money. She is not capable of this. Her daughter will be here soon to help with the transition to assisted living. She needs to be the POA. I am the medical POA.
1 ANSWER
2 Awards
If your aunt does not have legal capacity to contract, say, to sell her home or start a business, she does not have legal capacity to sign a Durable [Financial] Power of Attorney. A guardianship (conservatorship) must be sought and can only be awarded by the local probate court.
If your aunt does not have physical capacity to sign or can only make an "X", some states will allow a notary, with witnesses, to sign for her, making a special notation on the document. From your description, it appears that your aunt also cannot speak. If she cannot understand the meaning of the document and cannot somehow communicate that she wants to grant a POA, this approach cannot be used. Again, someone must seek guardianship.
Answered on Apr 22nd, 2020 at 5:04 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.