She was diagnosed with early dementia three years later. My eldest sister obtained financial power of atty after she was diagnosed. Is the handwritten one I have valid, can I file it, it is not notarized.
This is a mess. First, if your mom made a DPOA after she was diagnosed then your sister's DPOA may not be valid. Second, hand written documents are always troublesome and it is questionable whether third parties will accept them. If she is still alive your best bet is to petition the court to be named her guardian/conservator. If she is deceased the DPOA lapses and is of no legally void. In any event, you need to meet with an estates/elder law attorney to discuss all the facts and the law of her state of domicile to get specific guidance as to the proper legal course of action.
Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks.
Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties. He is uuthorized to handle IRS matters throughout the United States.His phone number is 215-735-2336 or his email address is firstname.lastname@example.org , his website is www.sjfpc.com. and his blog is
Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
website is www.sjfpc.com.
Yes it can be a valid Will. It does not matter if it was notarized. You would need to have an attorney look at the Will. the POA after she was diagnosed is voidable if it were contested.
You should retain an attorney to help you. From the facts stated, the Power of Attorney given to your sister at a time when your mother was diagnosed with early dimentia could be challenged by you as being invalid if your mother did not have the mental capacity needed to understand what she was doing on the date it was signed by her. That determination may require filing of a court proceeding.
The Power of Attorney can be handwritten, but it typically is not so banks and other businesses may have concerns about its authenticity.
How your mother gave you her house is also an issue you will need to discuss with an attorney as an oral gift of real property is generally not effective. If it was done with a writing, the issue becomes whether it met all the criteria of a deed.
Note: This response is: a) limited in scope to questions involving Texas law for a Texas resident; b) is intended only as a general information discussion of an issue raised in the question presented; c) does not constitute legal advice as all relevant facts are not known nor analyzed; and d) does not create an attorney-client relationship.