I am an only child who signed the paperwork making me DPOA and if I was unable, my husband would be designated. We have been cleaning out her home since 2015 but have been delayed as it is 3 hours away. Now we have it 3/4 cleared and we are starting to consider selling it. I wanted a legal, certified copy of the DPOA and find it was never filed at the courthouse. I spoke to the notary who drew up the document (at the law firm who handled the probate for Dad and created the family trust). She is sending documents by email to get me an updated DPOA and to name me as a trustee for the trust which has the house in it (changing addresses on documentation, adding HIPPA info, getting hubby's signature and a grandchild's signature as well) The concern is the diagnosis.
What questions will she be asked since she has moderate dementia? She is in an AL Memory Care unit because she wanted to move out of our home to regain some independence. Her primary felt she would be better served in the MC because of her frequent infections, mobility issues and urinary incontinence. Her dementia mainly involves organizational, time and things like writing checks/reading financial statements.
Would this preclude her in signing a new, updated document especially if there is no other family member to contest it?