Elder Law Answers
If I Become My Mom's Guardian and Let Her Remain at Home, Am I Responsible for Her Actions?
I am considering guardianship for my 87-year-old mom, who has dementia. She lives alone but has been advised by her doctor...
Read moreWhat Do I Do When I Have Only One Original of My Mom's POA and a Company Wants Many?
- October 28th, 2015
Q
I have both medical and durable power of attorney (POA) for my mother, who is living in a memory care facility. She has not been declared incompetent, but is obviously not competent anymore. She printed these POAs years ago with an inkjet printer, got them notarized, and gave me one original. The quality is not great. I am trying to sell some timeshares to help save her money and I am told that I need to send an original to the timeshare company and each county it has property in. I only have one original and I really don't want to let it out of my sight. Is there any way to get this document validated in some way and get more of them so I can give them to all these people who want originals? Also, the bank refused to accept my POA because of the poor quality.
A
Unfortunately, it’s not unusual for banks to refuse to honor durable powers of attorney for one reason or another. In terms of the timeshares, I’m surprised that they need more than one original since timeshare ownership is usually not recorded like real estate. I’d push back on this. They may be able to see the original and return it to you after making a copy or they may accept a copy certified to be true by a notary or a lawyer. I’d run all of these possible solutions by them. If they won’t work, you may need to go to court to be appointed guardian or conservator for your mother. For more information on guardianships, go here: http://www.elderlawanswers.com/guardianship/conservatorship.
Local Elder Law Attorneys in Ashburn, VA
Meet Mindy Felinton
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Mindy Felinton
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
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Meet Judith Mitnick
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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Meet Evan Farr
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Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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