Mother is in hospice in Los Angeles and I live in South Carolina. I am unable to have her sign a POA because notary needed but COVID 19. Suggestions?

In my state they are allowing virtual notary for any document that requires a witness. Check with mom's bank.

There are a few things that are easier with covid, albeit different.

Can you arrange to take FMLA and go out to see your mother? I would think of doing that. If she is dying this may be the last time you see her.

Now it may be too late for her to sign a POA if she has dementia. It’s too bad you didn’t have the resources but it appears your mother has assets. Perhaps mother could pay for an attorney to get the process started?

Back in the early 2000s, the law firm for which I worked used "executed counterparts", when signatories weren't located in close enough proximity to execute simultaneously in front of a notary. Faxed copies were sent to us for integration into the documents being executed.

After reading the 3 earlier posts, clarity of mind assumed to be sufficient to execute, I would contact one of the smaller elder law firms and ask if they'll handle execution at the facility by allowing one of the staff, or admins, to witness. And separately your acceptance can also be witnessed, by a notary at the law firm, pages faxed, and a properly completely document assembled.

(If you don't give them an incentive by asking them to participate, they may decline to give you advice.)

I also agree with Sunnygirl; I'm sure that elder law firms, especially the kind that cultivate senior expos, have already made arrangements for this.

You might also ask the hospice facility how they've handled this in similar situations.


Another option is to invoke the landlord's sympathy and ask if he/she will hold the apartment while you're working out the details. Or ask an elder law attorney to work out some kind of arrangement in which the belongings are left there pending final disposition, with rent to be paid then.

Are you the sole heir under intestate laws? I.e., with no will, disposition of assets will be according to state statute. If you're the only statutory heir, that eliminates getting anyone else involved. You may want to raise these issues as well lwith a senior center visiting lawyer (they typically used to offer free advice weekly or biweekly) for some suggestions on best planning and management, as well as intestate asset disposition.

Good luck; please let us know what arrangements you're able to work out.

If she has dementia, this may not be possible. If she's sound mentally, I'd contact a law office in her county. Most of them have notaries and they may be able to tell you the updates on Notary process due to covid. Some jurisdictions made temporary changes in Notary requirements due to covid, so that witnessing could be done online. I'd explore if that would help.

So, I'd inquire if they may be able to have the notary witness her signature by Skype, if the facility will set up the camera. Most legal offices know how to get things like this done, if it's allowed in that jurisdiction. Also some companies that handle messenger services, faxing, scanning, legal service and notary. You can google to find them or a law office may be give you a referral.

The issue is that no one will be interested in helping with this, if they suspect she is not of sound legal mind.

Is Mom competent to assign you POA?

Could the facility be sent the documents and then either mail or scan them to you to get to a notary. I also am in SC as is my mother in AL under a recently stricter quarantine due to a worker testing positive. At her facility there are a couple of people who I could communicate with regarding a need for what you have. There might possibly be someone already employed who is also a notary. Worse case scenario could you pay to have her items placed in storage. I also thought that there was generally a no eviction policy right now.