What is the legal definition "of sound mind" for power of attorney reasons?

I think in many cases it's an attorney making the decision -- rightly or wrongly. UNLESS a doctor would over ride his decision to go forward with the POA or not.

If mom has a diagnosis of dementia on record, you could face a serious and possibly successful challenge to a newly executed POA even if it seems to the attorney that mom is fine.

cothrangirl3, I went back through some of your past postings and noticed that you said you were going to start filling out papers for guardianship. Right there says to me that it is now the case where your Mom won't be able to sign any legal documents.

You really need to get this taken care of now.

Mom and I went to our local Elder Law Attorney, she wanted to change a few things in her will and also explain why she was doing it. I wasn't allowed in there during her meeting, it had to be ALL her and no me, just in case siblings would say I was prompting her. All of that was noted in the affidavit, very detailed.

So yes, go do it now!!

What are these 'agencies' you are consulting, are they law firms? I expect there is a very specific legal determination of competency when it comes to signing documents which perhaps varies by State, but I have read on other posts that as long as she shows clear understanding at the time she signs it is enough.