I was contacted by an employer of mine about doing a POA signing at an old folk’s home. I arrived and found the son of the signer there. He was barely able to speak. Not drunk, but drug abuse It seemed. He had just met a new girlfriend who wanted power of attorney over his mother who was incapacitated in the home. Apparently, this was fine with him. They brought out a bunch of generic durable POA paperwork that was a mess. After several minutes of trying to get the papers in order, she finally says “wait my fiancée already has power of attorney for his mom. We need to transfer that to me. She said let’s leave here and go to an IHOP across the street. At that point I should have left. Well, we go to the restaurant and after she sat in her car for a few minutes, she comes out and says " I’m sorry, we have to reschedule” I was so glad! She gave me a small cancellation fee and left.
Whew! I was holding my breath for a moment. So many red flags you caught. I’m glad you didn’t go through with it.
Sounds to me like two people trying to take control of Mom - for one, you can’t transfer POA from one to another.
Honestly? I’d report them both to authorities and I’d give the home a heads up about what you experienced so they can keep their eyes open. Not sure where you’re located but, in some states, it’s required that an ombudsman be present with the patient during these transactions to avoid elder abuse.
I have found in some cases that people don’t know that a POA is given to some trusted other by the person who feels the need for it. I’ve had people show up asking me to do a power of attorney for a family member wanting to install themselves as the attorney in fact. They are shocked to find out that it doesn’t work that way. Many people don’t know that those powers expire upon the person’s death. I’ve had people show up with a POA for a deceased party wanting to now be able to handle their affairs thinking that the POA is kind of the same as a Will!
Big no I don’t think so for me.
Yes, and if you can make some notes in your notary journal while the experience is still fresh, that might be a good idea.
@Jcarlson9 Did you see Carmen’s note (above)?
Sorry, I didn’t realize I directed that at you. Wasn’t paying close enough attention. Thank you.
Thank you all for your feedback.