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Sherridene Asked March 2015

Is the POA valid?

Mom designated my brother and I as medical POA in January after nearly dying from COPD complications. I am the primary and brother is secondary. The paperwork has been filled out and completed but has not been notarized. Mom refuses to call the person who brought her the paperwork (not sure who he was) to have it picked up. My question is..Is the POA valid?

xxxxxxxx Mar 2015
You do not have to have POA to talk to her doctor. All you need is her permission. I've been going to the doctor with my moms for years and talk to their doctors and have not had POA at the time.

Sherridene Mar 2015
Thank you for your suggestions. I think moms main concern is losing control. She is very independent and does not like to rely on others for help. My main reason for asking is mom has had a bad UTI and has been on two different antibiotics that don't seem to be helping her. I would like to go with her to talk to the doctor because mom gets very easily confused and I want to make sure she is getting the right tests and treatments.

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Francis Mar 2015
You could also invite the notary to your mom's house along with appropriate witnesses. This is how we did POA for our mom.

looloo Mar 2015
You can bring the paperwork to any notary - just make sure that everyone goes along so that all signatures are witnessed. There are usually notaries at UPS stores, p.o.box places, and so on.

freqflyer Mar 2015
Sheridene, I ran into that same problem with my parents as my parents were each other's medical POA, and Mom at 97 was almost deaf and blind. It took a lot of talking and explaining that I couldn't help them if they had to go to the ER or be hospitalized.

Oh well, even though we are adults who have been around for decades, we are still "kids" in our parent's eye, and what do we know :P

pamstegma Mar 2015
Clearly your mother does not want you to have POA. If she is still mentally competent, game over. If she is suffering from dementia, you pursue Guardian status in court. No other way, sorry.

Sherridene Mar 2015
I'm not sure who the person is that brought the papers to her. I think he was part of the discharge planning team from the hospital. Mom has hidden the contact information. i cannot get her to understand that I cannot help her or make any medical decisions regarding her health without the Medical POA being completed. She is stubborn and has become very secretive about anything regarding her health and medications.

freqflyer Mar 2015
The POA isn't valid unless it is signed in front of a Notary along with how ever many Witnesses are needed in your State.

Did your Mom use an attorney to draw up the POA? If yes, would it be possible to drive her over there to have the paperwork signed, sealed, and delivered?

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