I had POA on my father to find out the notary did not seal the form. Can my sisters try to get guardianship?

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I had POA on my father to find out the the notary did not seal the POA form in front of him. Now my sisters are trying to get guardianship, can the judge appointed a gaurdianship for my father? I do not agree, what can I do?

Answers 1 to 7 of 7
I think that you are going to need a lawyer. Who was appointed guardian?
I would report that notary to someone on the state gov. level for not doing their duty. Plus, I would get a lawyer. I think you can get another one written up and get it signed and sealed properly plus register it with the register of deeds in your county.
If the court has already appointed a guardian, is a POA of any consequence?
If the court has already done that, then POA is useless.
Top Answer
Notary seems to have not done their job. You never notarize a document unless the person signing it is present. Or that is what I remember, I was a notary years ago. Always made me a bit nervous. The notary can have their stamp revoked and in my state a stiff fine. The notary should know better.
A guardianship trumps a POA. If possible and your dad is mentally able having him go to an attorney and signing a new one would be your best bet. Guardianship's are expensive, intrusive and tons of paperwork. The judge can appoint who ever he feels will have the best interest of the person. You can petition the court for guardianship too- but if dad can still sign and knows what he wants it will be in his best financial, physical and emotional interest.
Getting a new POA document would not have any afect on the sisters' attempt to get guardianship, right? If they are doing that, the court will decide what is in the best interests of Dad, regardless of who has what documents. I assume Linda1255 will get to tell her views during the investigation. She may wind up with the guardianship, or a non-family member might be appointed, or the sisters might be appointed.

All this assumes that the sisters are really going to go ahead with this difficult process.

If Dad is legally competent to do a nw POA, that will correct the problem from the notary. It would not matter much to the guardianship issue, as I understand it.

If Dad is no longer legally competent, then I'd pursue trying to get a correction of the notrary's mistake, and getting the original document validated. I have no idea of whether/how that can be done.

Best of luck to you, Linda, in straightening this all out!

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