Q: My sister created a Durable Power of Attorney for the state of Mississippi on legalzoom for $15.00.
My mother did sign it and It was notarized, but never filed anywhere. At that time I think my mother had mild dementia. Now she has severe Alzheimer's. Does my sister need an affidavit from my mother's physicians as to incompetence? Is this a legal document, seeing that she did it at home without any legal advice, because she didn't want to have to pay for it, nor was it filed anywhere?
A: It doesn’t need to be filed anywhere in order to be legal, but no attorney in this forum can give you an opinion regarding the legality of it without reviewing the document and engaging in a consultation regarding the circumstances of its execution. Also, whether a doctor’s opinion is needed cannot be determined without reviewing the document. Some are drafted to be effective immediately, and some are drafted to be effective only upon incapacity. It depends on how this one was drafted.
Randall R. Saxton agrees with this answer
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