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R
riley1978 Asked September 2015

Can an attorney appoint POA to loved one's daughter if he is confused and can't write name?

My significant had a hemoratic stroke. He has memory problems and is often co nfused. I called attoney that he delt with in order for me to get power of attorney. He asked for his childrens names.The next thing I knew is that his daughter was appointed power of attorney. The attorney must of called her, because she was there when attorney arrived. How is this possibl if the person involved is confused ans cant realy sign name?

GardenArtist Sep 2015
First, it's not legally legitimate if your SO wasn't capable of giving consent and/or executing documents.

Secondly, who besides the daughter was present when the attorney arrived? I get the impression you were there but weren't aware that the daughter was going to be appointed.

Third, I question whether the POA is even valid, but the attorney may have asked your SO questions and determined that he was. You need to get more information on what actually happened.

Fourth, is it possible that your SO really did want his daughter to be named in the POA rather than you?

Fifth, did you ask the attorney the same question you're asking us? He's really the one to be questioned on what happened.

I get the feeling some details have been left out that are necessary to answer your question.

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