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I had POA on my father to find out the the notary did not seal the POA form in front of him. Now my sisters are trying to get guardianship, can the judge appointed a gaurdianship for my father? I do not agree, what can I do?
Notary seems to have not done their job. You never notarize a document unless the person signing it is present. Or that is what I remember, I was a notary years ago. Always made me a bit nervous. The notary can have their stamp revoked and in my state a stiff fine. The notary should know better.
A guardianship trumps a POA. If possible and your dad is mentally able having him go to an attorney and signing a new one would be your best bet. Guardianship's are expensive, intrusive and tons of paperwork. The judge can appoint who ever he feels will have the best interest of the person. You can petition the court for guardianship too- but if dad can still sign and knows what he wants it will be in his best financial, physical and emotional interest.
I would report that notary to someone on the state gov. level for not doing their duty. Plus, I would get a lawyer. I think you can get another one written up and get it signed and sealed properly plus register it with the register of deeds in your county.
Getting a new POA document would not have any afect on the sisters' attempt to get guardianship, right? If they are doing that, the court will decide what is in the best interests of Dad, regardless of who has what documents. I assume Linda1255 will get to tell her views during the investigation. She may wind up with the guardianship, or a non-family member might be appointed, or the sisters might be appointed.
All this assumes that the sisters are really going to go ahead with this difficult process.
If Dad is legally competent to do a nw POA, that will correct the problem from the notary. It would not matter much to the guardianship issue, as I understand it.
If Dad is no longer legally competent, then I'd pursue trying to get a correction of the notrary's mistake, and getting the original document validated. I have no idea of whether/how that can be done.
Best of luck to you, Linda, in straightening this all out!
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
All this assumes that the sisters are really going to go ahead with this difficult process.
If Dad is legally competent to do a nw POA, that will correct the problem from the notary. It would not matter much to the guardianship issue, as I understand it.
If Dad is no longer legally competent, then I'd pursue trying to get a correction of the notrary's mistake, and getting the original document validated. I have no idea of whether/how that can be done.
Best of luck to you, Linda, in straightening this all out!