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My parent has Parkinson's and doesn't write longhand anymore, his mind is sharp. My sister is the POA and has 2 documents that she claims my parent dictated to her and she documented and printed it out. The documents were signed and dated by my parent and is witnessed by the resident nurse. Are these documents enforceable? It should be known it does not add anything that wasn't already discussed in person with each sibling. Their wishes were well known but things can take on a life of their own once he passes and there are a few items one sibling would prefer to not adhere to. My question is... are these 2 signed, dated and witnessed documents enforceable? How can a POA type out a document, have our parent sign and date it, and then expect people to agree to honor it when it was originally printed and signed in 2023?

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some states require 2 witnesses and a notary
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Reply to MACinCT
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Actually, in my state, yes, it would be enforceable. As long as everyone agreed it’s real. I don’t know about the point that it’s not in his handwriting though as the enforced will I’m referencing was handwritten by the deceased.

It was not notarized and signed by two friends who were witnesses.
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Reply to southernwave
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MargaretMcKen Jan 31, 2026
It sounds as though this single-signature will you are quoting was 'enforced' after litigation. The only one in my student case-book was 'all to my wife' in the handwriting of a man shortly to die in WWII. Who wants to have to take it to court (and pay the legal costs?).

And absolutely, State Law rules. Where I am, it doesn't need to be 'notarised'. In fact, notaries are very thin on the ground here, usually needed only for international documents.
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A wiser plan would be to have a lawyer help draft the will. It will be worth the price paid and go a long way to prevent issues after the parent is gone
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Reply to Daughterof1930
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This is a lawyer question. I think they also needed to be notarized. Have you talked to Dad and ask him if this is what he wants? Additions to a Will are called codicils.
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Reply to JoAnn29
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As long as it is executed and finalized per their state's rules then it will supersede the original documents.
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Reply to Geaton777
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If the documents amount to a will, they need 2 witnesses to be valid, not one. You need to get copies of both these documents, and take them to a lawyer. “The home made will” is traditional toast at lawyers dinners, because home made wills lead to so much profitable litigation.

Whether or not they amount to a will, they need to be checked. You think "it does not add anything that wasn't already discussed in person with each sibling", but this is not something to take for granted. Your sister's POA doesn't cover making up her own legal documents. Checking now can avoid very nasty disagreements in the future.
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Reply to MargaretMcKen
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What state are you in? State law dictates what is acceptable and what is not.

Are these regarding your parent's will, or a trust? Did your parents already have an existing will and/or trust?

Are you saying that these documents are from 2023, or that they replace documents that were originally signed in 2023?
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Reply to MG8522
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My Ex signed me as DPOA (In California, Durable Power of Atty) which gives me control over his money, in 2021. It doesn't matter if they wrote it up 20 years ago. DPOA and MPOA in California requires two Witnesses (minimum) and a Notary. The Witnesses can suffice as a Notary. I had the Notary for the 2 Witnesses and him signing.

If it isn't in writing, it doesn't count, trust me. Parents can promise everything before they die, on their deathbed....but without their wishes in writing and signed by 2 Witnesses, it's not legal.

Whatever is written is what holds up in Probate court.
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Reply to Dawn88
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