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H
hooray Asked October 2020

Wife has low grade dementia and is in memory care and cannot remember where she put wills, POA, etc. Can I have copies duplicated?

Need her to sign new documents which will be identical to originals enacted in 2017?

Llamalover47 Oct 2020
Imho, a few suggestions are as follows:
- Did your wife utilize your financial institution's safety deposit box to store said items?
- Speak to the attorney turned judge to locate these items.

Frances73 Oct 2020
Even if the judge has closed her office she might still have kept her files. It’s worth it to reach out to her.

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hooray Oct 2020
i have copies but am told i need originals-attorney closed office and is now a judge.thanks for your input.

AlvaDeer Oct 2020
Again, do go to the attorney who did the wills. He has his own "original" copy and can recertify it to another original for you.

Marcia732 Oct 2020
We were able more than once to have someone with a dementia diagnosis sign legal paperwork. The lawyer will decide if he or she is comfortable that your wife understands the nature of the document and what it says. I suggest going to the lawyer when your wife is having a good day.
MountainMoose Oct 2020
Absolutely. When my mom was deep into dementia (though she did have times of clarity), her lawyer's wife (a notary) and she came to Mom's house. She talked with Mom about the document, which was a Transfer on Death deed (called recall the exact name).

The lawyer knew Mom very well and he had earlier agreed that the ToD deed was a good idea. The ToD deed would allow us to forego probate.

His wife was slow and kind and explained the document and it would cause. I told Mom her paid-for house (which she was proud of that fact) would always be hers, that this document just made selling it per her will directive easier of us. His wife had Mom restate what the document stated and its affects --which absolutely terrified me that Mom would blank out, rightfully stopping the process. Mom did great! She signed the document and the wife notarized the document. Whew!
PeeWee57 Oct 2020
As others have said, you should check with the attorney who drafted the originals, but you can also check with your local Register of Deeds office. If the documents were properly recorded, you should be able to get copies from the Register of Deeds for a nominal fee.
worriedinCali Oct 2020
None of those documents are generally recorded with the county. Wills aren’t recorded until death. POAs don’t have to be filed and rarely are.
AlvaDeer Oct 2020
These are likely to be in your home or in a safety deposit box. Have you checked both? Who did the Wills and POA. They will have an original of the will and POA also and can help you to duplicate your papers. This is VERY common, such as in the case of a fire, earthquake, hurricaine, etc. Call your attorney.
hooray Oct 2020
i appreciate your reply but attorney no longer in practice she became a judge and closed her office-may try to get in touch with her to see if she can help-i have copies but not originals?
Midkid58 Oct 2020
Our lawyer made it pretty clear to us that what we were receiving from him were copies and he was filing the 'originals'.

No problem in making copies. I don't even think you need to have them notarized as long as ONE SET is 'legal'. Actually, come to think of it, I think the lawyer has 2 sets.

Things change and every few years you should re-examine your papers--a will written 10 years ago may look very very different than one you write now.

JoAnn29 Oct 2020
Check with your bank and see if she has a box there.

People usually have some place they keep important papers. My Mom had a drawer in her bedroom. I have a small filing cabinet. Does she have a desk, a place she does her bills and keeps copies.

As said, the lawyer who drew them up will have copies.
Frances73 Oct 2020
Lordy! I found papers squirreled away wonder the bed, in closets, in drawers! Mom kept hiding things she thought were important.
Daughterof1930 Oct 2020
The lawyer that drafted the documents should have copies already of the originals and be able to provide them to you

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