Boca Raton, FL asked in Estate Planning, Nursing Home Abuse and Personal Injury for Florida

Q: Assistance needed for signing revised POA at a nursing home.

I need assistance with executing a Power of Attorney at a nursing home where the staff has previously given the notary a hard time. Despite having two signed POAs, I require a revised one to be signed. The situation demands the presence of a credible witness. How can an attorney help facilitate this process and ensure compliance with the necessary legal requirements?

2 Lawyer Answers

A: Not sure if you mean you have the revised POA ready and only need execution (signing/witnessing/notarizing), and not sure what you mean by "staff giving the notary a hard time." If you mean you have the revised one ready, and the only problem is that no one on staff is willing to be a witness (which is common), you probably don't need an attorney - you could hire a notary willing to come over with a witness. You may also have an option to have a remote (online) notary, which is more expensive and involves remote identification red tape, and you'd still need an in-person witness.

If you need to revise the POA, you should contact a lawyer who can come to you for the consultation or have a virtual consultation, such as on Zoom (if you can do that). If by "giving the notary a hard time", you mean the staff won't allow a notary to enter the building, that you should contact the head administrator, and if that doesn't work, hire a lawyer to give them a hard time.

Jason E. Neufeld agrees with this answer

Jason E. Neufeld
PREMIUM
Answered

A: Go to www.123notary.com to find a mobile notary who will come to you for a small fee (ask them to bring witnesses - although when a client of mine is in a nursing home, I have just grabbed any two individuals to quickly observe and sign as witnesses).

If you need an attorney to prepare the DPOA, then you should contact someone local to you. You can find great estate planning / elder law attorneys on this site.

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