Is your father still mentally competent, and can he speak or make ‘yes /no’ movements? If not, he probably can’t appoint a POA. If so, ie if it is just that he can’t write, it would be a very good idea to have his ‘mark’ witnessed by an independent person who has heard clearly that he understands what he is agreeing to. The person should ideally make an affidavit confirming this, at the same time as the document is signed. To get this right, it’s probably a good idea to have this done at a lawyer’s office or some public office. However if you want to continue to use the lawyer, it would be best if the ‘witness’ was someone else, to avoid any ‘conflict of interest’ allegations. Lawyers don’t like ending up in the witness box as well as acting as the lawyer.
It’s worth considering whether anyone is likely to question the legalities and ethics of this. If it could be contentious, it is certainly worth taking the steps above.
It’s worth considering whether anyone is likely to question the legalities and ethics of this. If it could be contentious, it is certainly worth taking the steps above.
If you are already his POA and need to sign for him, then you put your name, Bev Taylor, POA.