good day all, i was seeking advise on a power of attorney for the state of Texas. received a call from a prospective client whom is looking for a notary that can sign her power of attorney in regards to her sister whom is hospitalized and diagnosed with dementia. when i spoke to the person in regards to the power of attorney, she advised me that her sister is hospitalized and diagnosed by a physician with dementia,she also advised that the medical team did a mental evaluation by-asking a series of questions to the patient with the patient only able to answer two of the questions. my first question is, if the patient can not fully answer but is fully able to speak can i proceed with the signing? secondly i was advised that the patients nephew has a durable power of attorney with the medical power of attorney still be legal? or would the nephew have to be the person on the medical power of attorney as well? i ask because i am very confused on how this issue could back fire"?
Walk…no…RUN away. You’ve been told signer’s been diagnosed with dementia. They’re going to have to spend some money with an attorney to obtain Guardianship… Am a bit confused as there are 2 kinds of POAs… one for healthcare only and another for handling m/l everything else…bank accounts, property, etc.
I agree with @Arichter - but am also confused
You say the nephew has a Durable Power of Attorney - for the same person who has dementia? A Durable Power of Attorney is so called because it is “durable” - it withstands the incompetence of the principal - i.e. dementia. If the nephew already has a POA in hand for this signer there are steps that must be taken to terminate THAT POA first…
IMO, sounds like someone is trying to do an end-around with the nephew … I think that I, personally, would stay away from this one - I’d tell the caller to get a copy of the nephew’s DPOA and consult an attorney.
thank you for the advise.
well with this information at hand i will take this advise and call the person back and explain that i will not be helping with this situation, thank you both ladies for the advise.
If the patient is unable to understand the questions that the medical team asked the patient, the patient is not competent to sign an agreement.
Do not do it. It appears to be elder fraud. People are always trying to do these types of things to the elderly.
It is horrible.
If someone contacts me to notarize a signing where someone is acting as attorney-in-fact (POA), I always require that they show me the actual POA giving them that authority and so that I am certain that the current condition is covered by the type of POA (medical or fiduciary) presented. In the case of someone with diminished mental capacity, I need to see an ID showing the signature so that I am satisfied that the person on the ID is the one who actually signed the prior document. In this case, I will also need to see the physician’s statement indicating that the patient is not capable of signing documents for themselves. Not until I have all three of those pieces of documentation will I consider notarizing the papers. I still may not provide services if I have any reservations about the situation or any of the attending parties. This is highly risky for you as the notary.
thank you all for the great advise, luckily for me the client called back and she told me that she had found a skilled living facility where she and her nephew where taking the patient to and the person whom owns the business is a notary as well and he was going to sign the P.O.A for her. at which time i had nothing more to say. i wished her luck and hung up as soon she stated" if i still need a notary for other things i will call you". hung up and blocked her number. with all the advise members gave me i took notes and from here on i will triple check all information before even agreeing to any job like this one. thank you all for the advise.
“Advice” not “Advise.” I’m a spellcheck fanatic. And you used the word five or six times so I had to let you know that you’re spelling it wrong.
my apologies jpyoung. i was in a hurry and had to be at the shooting range for qualifications. thank you for being my spell check, i hope i can count on you assisting me in this spelling matter in the future? secondly i will be sure not to use the word “Advise” more than once in a sentence, i promise! 
No…honestly…IMHO you didn’t have to say a thing.
There is a difference between spelling and grammar. If you are going to take the time to point out an error to someone, make certain you are correct on all points! Form is not necessarily the point of this forum.