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.
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Meet Daniel Steven
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Daniel Steven
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Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
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Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
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