I just had a situation where I turned down a signing for someone for whom I’ve completed signings before related to a deceased parent’s estate. This one was a bit different. She now holds the POA for the deceased parent’s partner (who she stated is blind and doesn’t leave the house). She presented papers to me for a Change in Beneficiary Request. The financial institution required her to submit a document indicating that as the (deceased) parent’s partner for whom she now holds the POA, she is making the request to change the befeficiary from the (Deceased) parent to herself. I didn’t notarize the document because nowhere in any documents she presented to me was she named as the successor beneficiary in the event of her parent’s death. (She showed me her parent’s will listing her as Personal Representative. I informed her that was not the same as a beneficiary and would not suffice.) And I explained to her that I was not certain that this change request, where she signs the form and the statement in both places, would not present a conflict of interest. I suggested that she may want to consult an attorney and have them draw up the statement that would satisfy the financial institution, which would have the appropriate notary statement (that their office would probably notarize themselves). Without that step, I was not certain nor was I comfortable with just giving her a notary stamp on a two sentence statement she had drawn up herself. And then a stamp on the accompanying Beneficiary Change Request form. She asked me whether she could change the name on the statement to her sister as beneficiary rather than herself and that I would then notarize the document. I informed her that she was asking me a legal question that I could not answer. For further information she would need to consult an attorney. Somehow it just didn’t feel right.
That living “partner” - is that also her parent? If so, and she is an only child, it makes sense that the living parent would want to change the beneficiary. I would not have done so, though, without insisting I speak with the partner to get his/her approval - (in which case we have procedures in place to handle the situation and the living partner could execute this document themselves) - I would not just blindly take her word for it. However, since there are siblings involved, or the possibility that the “partner” is not her direct parent, I think you were wise to back out and refer her to an attorney.
@Tisino Thank you for sharing this complex case; it has certainly made for an engaging and thought-provoking read within this forum. The scenario you’ve presented, involving a Power of Attorney, regarding a deceased parent’s estate, and a request to change the beneficiary, is without a doubt a situation that necessitates the expertise and guidance of court or a qualified legal attorney. The intricacies and potential legal ramifications surrounding such a change in a deceased parent’s estate make it far too risky for handling outside of the appropriate legal channels. I definitely feel you made the right decision.
I would turn down without getting into any legal jargon. Just decline to notarize. Answering her questions isn’t advised IMO. Just say can’t notarize, sorry.
I agree with the rest and would refuse to notarize. Even though we notarize signatures and not the document itself, I would definitely not want to be involved later in court over this messy situation. We aren’t paid enough , sometimes for good reason, and that’s what attorneys are for. If they don’t use an attorney, seems something isn’t right to begin with, and they think our stamps will carry this through.
In my state (and I thought it was all states), a POA should only be used for the benefit of the princicpal, and not for the benefit of the agent. Clearly the agent is benefiting herself with the proposed change. I would also have declined the notarization as a conflict of interest.
Definitely a situation for a lawyer. I wouldn’t go anywhere near a document that is not the actual person’s wishes. If the blind woman was the one who was expressing her wishes to have something done, it may have been a different situation. Still, that seems to be a lawyer deal.
