Follow
Share

My cousin is taking over the financials for our Grandmother. She has already said she agreed he could and she and I have DPOA with me allowed to add another person on POA. Do I need to have it notarized again, or am I able to just add his name? We are located in Oregon. Thanks!

This question has been closed for answers. Ask a New Question.
Thoover77: Imho, the principal, who is your grandmother, is the only individual who can assign co-agents. It should always be done in the presence of a notary public.
Helpful Answer (1)
Report
MargaretMcKen Jun 2022
Normally the principal (donor) 'gives' the power to the attorney ((donee). Whatever the document says, I myself wouldn't be willing to act as POA if I was just co-opted on as an extra, like you think this document says.

However unless State laws require it, it doesn't need to be done in the presence of a notary public, just witnessed. If there is any question about grandmother's legal capacity, then yes it is a very good idea to have it done in the presence of a lawyer, who should make a decent estimate of her mental abilities.
(1)
Report
You can APPOINT anyone you want to work for grandma, but the person should be trustworthy and have expertise. As to your "appointing" an additional POA I have NEVER heard of such a thing, so I would run that language past an elder law attorney. It is my "opinion" that only the PRINCIPAL can name co-agents (in this case, your grandmother while still of sound mind.) I also an of the opinion that co-agents are a BAD IDEA as they can get in a bicker and it is a legal nightmare.
You are a POA. You can hire people to act in any capacity for your Grandmother. The document you have as your POA should enumerate EXACTLY what you can do in clear language.
Since this is a legal Fiduciary responsibility I would, if you are uncertain, always run things past an attorney. Your Grandmother's funds pay for her POA to be informed.
Helpful Answer (8)
Report

To change the current POA to now name co-agents, I would have the POA redrafted and make sure it's durable. Also make sure your grandmother has named a qualified person for a durable medical POA. I suggest you learn what Oregon's probate laws say about what happens if co-agents do not agree.

In fact, if she doesn't have one, she should have a trust and estate attorney put together a complete estate plan. This is if she is competent. If she is not, and competency is not a black and white situation, consult an elder law attorney.

To get back to your question about notarizing a POA. Laws vary from state to state. Colorado does not require it. However, it is considered best practice to do so. Check out Oregon's law on the matter.
Helpful Answer (3)
Report

To clarify, you're saying that the DPoA document has a provision that allows you, her designated PoA, to add another FPoA (your cousin) without her creating a new and duly finalized document? Usually it is only the principle that has the power to add a PoA. Please understand that a FPoA may not be obligated to disclose any of your grandmother's financial information or activity to you without a court order. This is often brought up on this forum and can be quite a problem. If I were in your shoes I'd consult with a certified elder law attorney for her home state before granting this power.
Helpful Answer (3)
Report

If you have a lawyer dealing with your mom’s legal affairs, ask that person if it’s considered a good idea.

In our family situation, two POAs became a very sad problem.

I’m sure others will say more.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter