Today was another heart wrenching day for a family who needed help, with notarizing A Power of Attorney document ….but unfortunately, Prepared Love could not help.
The call came in from the son of an elderly mother. He needed a notary public to travel to their home, a two-hour round trip, to notarize a Power of Attorney document because his mother was bedridden and could not travel. When he initially scheduled the appointment with our notary he was advised that if his mother was taking mind altering medications, seemed to be incoherent in any way, or could not answer certain questions the notarization could not take place.
The mother’s state of mental health was impaired and it was obvious that she did not understand what she would be signing. Her son, is her primary caretaker and unfortunately without the power of attorney he cannot conduct certain business in her name for her benefit. This situation was heart-wrenching for our on-site notary because her family had gone through something similar. There was no Power of Attorney document in place during her mother’s illness, but none was needed. She couldn’t help but to think how differently things might have been had they been in a situation where they needed a Power of Attorney, yet would not have had one. She wanted things to be different for this family. She wanted to help but due to notary law and ethics there was nothing she could do.
At Prepared Love for Families we educate families on the importance of PREPARING for life’s uncertainties. Had the Power of Attorney document been completed and notarized at the time the mother would have been cognitively alert, her son would have been able to take care of her affairs.
The Power of Attorney document is a very serious document and not one to be given lightly. Therefore, notaries must be diligent in their powers as a state commissioned officer in using their commission correctly.
Prepared Love for Families paid 50% of the travel fee for this family.
Take Away Point: Consider getting important documents such as Power of Attorney, Healthcare Directives (aka Living Will), Last Will and Testament (aka Will) completed and notarized at a time when the patient is cognitively able to make legal decisions. In these unprecedented times such as COVID-19 many of us may find ourselves in an unexpected circumstance where powers of attorney is needed. When we are Prepared for certain obstacles that find us we can rest from the fear of the unknown. Imagine, your parent or other loved one suddenly ill. They are still able to make cognitive decisions but not able to physically take care of their affairs. They have a Power of Attorney document drawn to appoint you as their Attorney-in-fact to handle their affairs. Thirty days later they suffer a stroke and not able to make any decisions. Because the Power of Attorney document was notarized during their cognitive state you can use your powers as their Attorney-in-Fact to handle their affairs according to the stipulations in the document.
