Power of attorney

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  #1  
Old 04-23-11, 06:36 AM
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Exclamation Power of attorney

My Aunt in Florida is suffering with severe dementia. I recently came to discover that I am her power of attorney. However, her initial attorney - in - fact was her husband, who passed away several years ago. The document was signed, notarized and witnessed with her husband's signature. Because I am the successor attorney- in- fact, does the document need to be modified to accept my signature? Or is it binding as is?

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Old 04-23-11, 01:41 PM
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I would check with your local county probate court, but normally it requires no action on your part. Keep in mind power of attorney dies with the person and is not valid after her death, so get with her and make whatever arrangements like a will, etc. that you can. Good luck with it.
 
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Old 04-23-11, 09:16 PM
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thank you very much for your reply and I will
 
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Old 05-01-11, 02:39 PM
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Just had a good friend go thru this with his brother. You need to check the state and county or parrish where your aunt lives unless you plan to move her to your state. Each state handles these differently. Be aware that with her dementia any other legal paperwork may not be possible now. Good luck!
 
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Old 05-13-11, 06:08 PM
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What would be the case if something like this happen? will be signature be honored?
 
  #6  
Old 05-14-11, 09:51 AM
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The document is accepted as is. I have to provide a copy of her husband's death certificate but other than that, I have had no issues thus far except with her pension. They only accept there own power of attorney. My aunt can no longer sign and this has created a problem with the pensioner. I had to get the AG's office involved. They had me become representative payee for my aunt's social security. The AG's office "told" the pensioner to accept the representative payee as sufficient evidence that I am in charge of her finanicial matters. FUN FUN FUN!
 
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Old 05-14-11, 02:39 PM
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Glad you got things going, but I fail to understand why "their" POA was the only one. Your aunt can appoint whomever she pleases to perform POA duties, and once filed with the county, it's done. Glad, too, you got people involved who were able to straighten out the pension fund.
 
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Old 05-14-11, 04:57 PM
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I failed to understand it also. But she is a state retiree and so many retirees have had their pensions robbed by family that the attorney for the comptroller was granted the authority.
 
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