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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption