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stackpoole Asked May 2015

What do you do when you lose the orignal DPOA and the person is no longer able to sign another?

My father has durable POA for my mother who is in a nursing home. He lost the original but has a copy. She is no longer able to mentally or physically sign anything. What does he need to do? He needs an original for court purposes.

GardenArtist May 2015
Another thought - this is a good illustration why legal forms shouldn't be drafted from online sources - they should be prepared by an estate planning and/or elder law attorney.

GardenArtist May 2015
Good attorneys will have "conformed copies" executed. To the best of my knowledge, they're as good as originals. That's what I've used in the past and what I carry with me in my father's medical file.

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pamstegma May 2015
Why is he in court? Who is challenging the DPOA? It sounds like someone is already going after Guardian status??

MaggieMarshall May 2015
He needs to apply for guardianship. Mom lost her original naming me as her POA. She was no longer competent to sign another. It's ridiculous that we only execute one original. Most banks, certainly the court, will not accept copies. It's easy to understand why.

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