What to do if a patient wants me to be thier POA but the document has not yet been notarized and the patient may no longer be able to sign it in front of a notary?

In continuing to protect the individual he, the patient, has designated me to become POA of all his affairs. The POA was signed but not yet notarized and now, present day it may not ever be at a stage where he, the patient will be able to be conscious enough to resign in front of a Notary. What steps can I take if any to see that this can move forward and fulfill the patients request and desire?

Asked on October 20, 2014 under Estate Planning, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry.  You can apply to the court to be guardian and conservator of the estate of the patient.  In New York that it done under the Mental Hygiene Law.  If you have a POA signed by the party it could help bolster your argument that it was also their intent to have you administer their affairs.  Good luck.

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