Memphis, TN asked in Elder Law for Tennessee

Q: My mother is 94, and has trouble writing. What would I have to do to get power of attorney?

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: All she has to do is sign her name, she does not have to write out the wording of the power of attorney. There are many forms available online, but its probably best to get a lawyer in your area to prepare it. If she cant just sign her name, it is still possible for her to "make her mark" which shows her assent to the p/o/a. There are still illiterate people who never learned to write, so they write an "X" on the signature line. It does no thave to be an "x", it can be any symbol. However, the "mark" must be witnessed- you will need two independent witnesses watch her make the mark, and they must also sign, Remember that the power of attorney has to be notarized, so she and the two witnesses will have to be present before a notary public. See the example of the signature lines below:

________________________________ ___________________________________

Name of your mom (Her mark) witness to the mark of ) you mom's name

___________________________________

witness to the mark of ( your moms name)

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