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kinger56 Asked May 2015

What to do if the person cannot sign the DPOA?

My husbands mother is already in a home and cannot sign the Durable power of Attorney, so what are our options we have to have one done to get information of her life insurance policy

malloryg8r Jun 2015
If she is only physically unable to hold the pen, she can give her assent in other ways and it can be witnessed, and those people can sign an affidavit that they witnessed her assent, and those people cannot be beneficiaries to the documents being signed. And this all has to be notarized. And notaries do make house calls.

MyThreeSons May 2015
Is she physically unable to sign or is she not competent?

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pamstegma May 2015
kinger56, she can not sign in front of a Notary. You go to Muskegon County Surrogate's court and enter a Petition for Guardianship. Contact an attorney who can help you through the process. No other way.

kinger56 May 2015
Does she have to sign in front of a Notary?

MaggieMarshall May 2015
Guardianship through the court. It's unfortunate, but if mom isn't competent, that's the only option. If she's competent but can't sign, an elder law attorney can help.

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