QUESTION
Is a power of attorney legal if signed by a married stroke victim shortly after a stroke? His wife wasn't involved in the decision at all.
Asked on Nov 08th, 2013 on General Practice - North Carolina
More details to this question:
Hi, I need to check on the legality of a situation. My mother has been married to her husband for 22 years. He recently (in the past year) had a stroke. Shortly after he had his stroke, his daughter had him sign a power of attorney over to her. She didn't even pay for legal counsel to get this done. She had her sister, who works for a lawyer, provide her with the paperwork. The man signed it, not really knowing what he was signing, as he'd just had a stroke. Is this legitimate? Now he is suffering from premature dementia caused by the stroke and his daughter is already making preparations to place him far away from his wife, for personal reasons, and to take all of his belongings. Apparently, he also signed something to allow that. Is any of this valid? Thanks.
1 ANSWER
Assuming all the proper formalities were observed (depending on what state, a power of attorney may require witness or that it be notarized), it depends on whether the man was competent at the time he executed the documents. It seems unlikely that a recent stroke victim would be deemed competent by a Court, but not impossible.
Answered on Nov 08th, 2013 at 2:19 PM