Lyndhurst, OH asked in Elder Law for Ohio

Q: Can copies of durable powers of attorney be notarized? An attachment made to it? Originals lost.

My parents lost their original notarized copies of powers of attorney, naming myself as able to take care of finances, etc. They are both in assisted living, both with dementia, but able to still sign and converse. I have copies of the originals, is there a way to notarize these somehow? Add a page stating that these are legal copies and get that notarized with them? Thank you.

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2 Lawyer Answers
Andrew Popp
Andrew Popp
PREMIUM
Answered
  • Elder Law Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: That's an interesting question. You are essentially trying to have a new POA created with the same terms as the old POA. As phrased, the answer is probably no, but there may be ways around it. Keep in mind that you shouldn't need the original POA when acting for your parents for most things. (Section 1337.26(D) of the Ohio Revised Code)

Matthew Williams
Matthew Williams
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: You should sit down with an attorney. This is going to be difficult if they are now suffering from dementia as someone will have to determine whether they understand what is going on. So a conversation needs to be had about their condition.

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