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?
It was not notarized and signed by two friends who were witnesses.
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.
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.
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?
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.