How do I get name off dpoa very urgent this was done very sneakingly in the hospital when my mother was on meds. this was not the right time or place to do this, and when I ask my mother the next day if she remembered what she did she said no!
What possessed you to sign your name as a witness if you weren't satisfied that your mother was able to understand what she was doing?
I don't know who you have to contact, but there will be an appropriate judicial or governmental authority in your area to whom you must report what has happened without delay. This will, I would expect, automatically invalidate the whole document, which isn't what you asked, but I can't imagine you'd want it to stand anyway.
Churchmouse, if she were on drugs yesterday and clear-headed today, that would make a difference.
Does your mother want to change the POA? She can easily do that, invalidating the earlier one. If your mother is satisfied with the document, even though she doesn't remember doing it, then what is the urgency here?
It seems to me that all your signature as a witness means is that you saw your mother sign the document. But I thought the witness must be a notary or two adults not related to the principal and not named as the POA. So, what was your role in signing this document?
I would avoid involving any judicial or governmental authority as I think that would only complicate the issue and perhaps inadvertently invite consideration of guardianship. I'm not even sure who would be contacted. Probate wouldn't get involved w/o a petition to institute some kind of proceeding, but the POA can be cancelled much more cleanly and privately by executing a new one.
I don't know about CM's government, but I sure wouldn't want any local government agencies meddling - this could be the grounds for charges of elder abuse, and given that you freely witnessed the document, you might find yourself in an unpleasant situation.
In my experience, I've never known anyone to invalidate a POA, but what I would do, just based on past legal experience, is
(a) contact your or your mother's attorney if you have one and get a new POA executed. Then notify whoever was identified as proxy that the POA has been revised and that person is no longer being asked to serve. That could take time though.
(b) Have your mother print right across the POA and above her name that she was (i) on medication administered by the hospital at the time and (ii) doesn't remember signing it (iii) nor would she have signed it had she not been medicated and not cognizant of what she was doing.
The proxy should also be notified if this is done as well.
I'm emphasizing that this is just based on what I believe an attorney would do; I've never seen this actually happen.
I think there are some larger issues though, and they are:
1. Why did someone at the hospital pressure your mother to sign? This surprised me as I would think they know enough about POAs not to push anyone to execute one.
2. Who was appointed proxy, and is that why you're also objecting?
I suspect there might be a backstory to this, which is one of the reasons I'd keep authorities out of the picture.
GA, if the proper use of powers of attorney is not ultimately overseen by the courts or by governmental authorities, how is it policed?
Whatever the background intentions, good or less so, the persuading of an older person on drugs to sign a DPOA IS elder abuse.
Creating a new DPOA would invalidate the first, this is true; but if the lady were not fit to create it yesterday why should she suddenly be up to the job tomorrow?
I don't know who you have to contact, but there will be an appropriate judicial or governmental authority in your area to whom you must report what has happened without delay. This will, I would expect, automatically invalidate the whole document, which isn't what you asked, but I can't imagine you'd want it to stand anyway.
Whose doing was this?
Does your mother want to change the POA? She can easily do that, invalidating the earlier one. If your mother is satisfied with the document, even though she doesn't remember doing it, then what is the urgency here?
It seems to me that all your signature as a witness means is that you saw your mother sign the document. But I thought the witness must be a notary or two adults not related to the principal and not named as the POA. So, what was your role in signing this document?
There must be a backstory here.
I don't know about CM's government, but I sure wouldn't want any local government agencies meddling - this could be the grounds for charges of elder abuse, and given that you freely witnessed the document, you might find yourself in an unpleasant situation.
In my experience, I've never known anyone to invalidate a POA, but what I would do, just based on past legal experience, is
(a) contact your or your mother's attorney if you have one and get a new POA executed. Then notify whoever was identified as proxy that the POA has been revised and that person is no longer being asked to serve. That could take time though.
(b) Have your mother print right across the POA and above her name that she was (i) on medication administered by the hospital at the time and (ii) doesn't remember signing it (iii) nor would she have signed it had she not been medicated and not cognizant of what she was doing.
The proxy should also be notified if this is done as well.
I'm emphasizing that this is just based on what I believe an attorney would do; I've never seen this actually happen.
I think there are some larger issues though, and they are:
1. Why did someone at the hospital pressure your mother to sign? This surprised me as I would think they know enough about POAs not to push anyone to execute one.
2. Who was appointed proxy, and is that why you're also objecting?
I suspect there might be a backstory to this, which is one of the reasons I'd keep authorities out of the picture.
Whatever the background intentions, good or less so, the persuading of an older person on drugs to sign a DPOA IS elder abuse.
Creating a new DPOA would invalidate the first, this is true; but if the lady were not fit to create it yesterday why should she suddenly be up to the job tomorrow?