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.

Related Topics:
2 Lawyer Answers
Andrew Popp
Andrew Popp
Answered
  • Elder Law Lawyer
  • Cuyahoga Falls, 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)

1 user found this answer helpful

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.