If a durable power of attorney has not been notarized, can it just be destroyed or does it have to be revoked for it to be invalid?

I agree with the consensus. I wouldn't be worried about what to do with it, I would be EXTREMELY concerned that there isn't one in place. I hope you understand the ramifications and that it's critical someone explains to your mom what happens to her when she doesn't have this in place. It leaves loved ones powerless over her care and leaves her at the mercy of strangers. From what I understand, there can be 2. So, if there's just you & your sister, perhaps both could be appointed? Just beware - if there are disagreements, it could be h*ll. Again, don't wonder what to do with the document...Worry about what could happen without it! Things can turn on a dime...Be prepared.

Before anyone destroys any document signed or unsigned you should determine if a previous document has been written and still in affect. Why destroy, just put it away in a safe place as you might not need it in do course.

Appointing someone to have POA for you is a useful thing, and it is the responsible thing to do if you don't want to make life difficult for the people who love you and care about you. But if you don't want to, or if you really can't think of anyone you trust and respect enough with this very serious responsibility, then don't do it. By the time it's needed you'll be past caring anyway - it's your friends and family who'll be sorry.

A POA dies with the patient and a duly notarized will is now the instrument that defines all her dispositions. In a court of law or a bank an unsigned, and not notarized document in most States is not an acceptable legal document. If a patient cannot sign other than an x mark it must be notarized with witnesses.

I agree completely with the advice given saying your mother should have someone as POA or better yet - DPOA, which would allow for more authority without disruption.

Ideally, DPOA should be the main person doing the caregiving. It must be frustrating to be the one identifying an immediate need but then having to go to someone else for any action to be taken. This goes from using moms own money to buy her Depends all the way to making the call on life support.

As mentioned above, if you miss the window of legal opportunity to get DPOA and then some tough decisions need to be made - the next route is guardianship which is both expensive and time consuming - especially compared to the process to obtain DPOA.

I also was lucky in that my mom wanting nothing to do with handling the administrative aspects of her life - my dad had always taken care of that - and mom was more than happy to give me the legal authority to act on her behalf. The alternative would have been to drag my mother to the bank or to the store on a weekly basis - having to make endless trips to her IL to get things signed, etc. Things were hard enough as it was without that.

So before you dismiss the subject as a whole - with your mother - have the conversion with her why it would be smart to have a DPOA- and who would be the best person for the job.

I do need to say that I was lucky. My Mom was aware that she could no longer pay her bills. She pretty much allowed me to take over and we had a POA in place previously. A POA gets you thru a lot of doors. For me, with Medicaid, her pension and Social Security. Cashing in her life insurance was easy because I had her POA. I just included a copy with the form I submitted. If you don't have it at the time Mom starts to fail, then it's guardianship and that means a lawyer and court. Good Luck.

I would assume your sister took her to this meeting. That is why she is POA. I would not distroy it. Call the lawyer and tell him your Mom is not willing to sign it. If no signature from her, it's invalid. Is there a problem with your sister being POA? If you are the one caring for her, then you should be POA. Maybe you should meet with the lawyer again. POA's, financial and medical, are very important to have for our aging parents. Your Mom needs to understand that your life will be so much easier if a POA is in place. Explain that it only comes in effect when she can no longer handle her own affairs. Again, do not distroy the paperwork. She paid for this to be written up. Lawyers don't do it on a whim.

First, your mother should have a DPOA. A DPOA will help with her medical needs and decisions, as well as finances, as in making sure her bills get paid. Also being a DPOA is not signing everything over to the person who is DPOA, being DPOA puts a person in very responsible position legally for who they are basically working for, and they also have to document everything they do. Second; Wills are pretty much worthless these days, they are easy to take to court and always end up in probate, wills can be contested very easily by almost anyone. Third, no decent attorney would just send mom home with an unsigned DPOA form, the attorney would witness her signing it as well.

Why doesn't you mom want POA? Does she understand what it is? POA doesn't have to be a family member; it can be anyone. It's her decision but if anything ever happens to her and she doesn't have a POA - no one can help her on her behalf. My husband and I are POAs for each other.

Your mom may be fine now, but you never know what can happen. My mother also resisted POA. I finally got it but by then she was already having dementia issues. I can't imagine how I could have helped her without it.

If she didn't sign the document; its not valid. Usually you can revoke a POA at any time in writing.

In my experience lawyers don't draw up documents on a whim. Since your mother had to met with the lawyer to set up the Will then they probably discussed the POA as well. It could be that your mom doesn't remember, or could she be trying to hide the fact that she chose your sister rather than you?

(whatever the truth, having a POA in place is a necessary thing and you should encourage her to have one)

Your mother hasn't signed this, didn't ask for it and didn't want it?

She has every right to take it round to the responsible attorney's office, rip it into tiny pieces and set fire to it on his desk. Cheek of it! And he'd better not charge her for it, either.

She hasn't signed it, it's not valid, it's waste paper.

Check into your state laws concerning POA requirements. Many states do not require it to be notarized but witnessed instead. However, if your mother has not signed it yet - then just because it's been drawn up that doesn't mean it's legally binding. If she has signed it and she is still legally mentally competent than she can see an attorney and have a new one drawn up. In the new POA there should be wording along the lines of "any previous documents dated prior to X/XX/2017 are revoked, null and void. Then the attorney should send your sister a letter informing her.