Follow
Share
Read More
This question has been closed for answers. Ask a New Question.
More than likely, IF he ever got a POA done, a copy is somewhere in his house. They aren't filed anywhere like a courthouse. Unless you live in a small town, you may never find the atty who wrote it for him. At this point, you probably just need a new document so getting that will be the real solution.

You might start with a police report that documents his state of mind, the accident and that they took his license. Go get a consult with an attorney to find out if that's enough to establish incompetency to be over his affairs. If his child(ren) are living, it may have to be one of them.

You should ask all of his children if they have a copy of the will (and POA). Once he is deemed incompetent, he will not be able to write a new will. So that means, when his life is over a probate w/out will would have to be done and his leftovers would just be divided between the living children. If no children, then to siblings or grandkids, I'm sure.

You might ask him again about these documents. Remind him they took his license and w/out the license he can't get the car back, but if the two of you could find the POA, you would be able to help him get the car. Just tell him, insurance company wants to help him and wants to see that you were given permission to help him out.

I do question that you say you are POA, but never got a copy of the document. Have you ever handled any task for him as his POA...and how did you prove you were POA? Or did he just tell you you were, but never had to actually do any thing for him that required a POA?
Helpful Answer (3)
Report

What I cannot understand is why the POA never got copies in the first place. What was the situation that prevented getting vital documents??

Again, you need to seek help with the County, even the State of VA, where your grandfather lives.
Helpful Answer (1)
Report
Daphne131 Feb 2023
Probably did get copies. Father probably destroyed them, hid them or a Secretary in law firm State I will mail them after she makes copies. All these are reasonable. Think it out.
(0)
Report
Go to your county clerk's office. It should have been filed there. If it wasn't, there is no POA at all. If there is none, get one written and have him sign in front of a notary. That may not be easy but it is necessary. BTW, no matter his mental status, unless he has been officially diagnosed as dementated he can still legally sign the POA. If he has been so diagnosed it is too late. See a lawyer, a court order might be necessary. You have a tough situation, good luck.
Helpful Answer (4)
Report
TouchMatters Jan 2023
It is my understanding that a POA DOES NOT NEED to be filed at the county clerk's office (from personal experience).

It needs to be drawn up by an attorney, and they notarize / authenticate it.

Please be sure on stating procedures here - especially considering different State requirements, as a response like this could create a lot of fear - for so many - who haven't filed their POA with the county / state.

Another issue that needs immediate attention:

* Getting GrDad medically evaluated for (in)capacitation [as] this is the first step to getting the legal authority needed to make decisions your gr-dad can no longer make.

* ASAP: Secure services of an attorney specializing in estate / elder trusts.

Gena / Touch Matters
(1)
Report
If a POA was drawn up then you can get a copy of this document from the attorney who created the document. I just had my POA created and I was given a paper copy plus a copy on a hard drive, and my attorney’s office also has a copy on file at their office.
Helpful Answer (2)
Report

I’d start with an apology, tell him you’ve heard horror stories about a medical emergency and the POA can’t do anything because papers can’t be found. Then ask him if you could scan the documents into his computer (his computer, in theory his control) just in case. Then you can copy the file or mail it to yourself... or at least know where to find it.

Any chance he was computer literate enough to have something in an old email?

Good luck.
Helpful Answer (1)
Report

Get him evaluated in a hospital. Let them know that you can not find his paperwork. A legal person associated with hospital can help you with drawing up any documentation that is needed now.
Helpful Answer (1)
Report
Daphne131 Feb 2023
Do NOT take him to the doctor for POA reasons. Thst will probably end his right to then sign a new POA and thereby make him have all sorts of legal expensive bc he had none.

too many people misthinking getting a doctor to say he is incompetent helps them. It is the opposite. You need doctor signing statement thst he knows who his family is, knows his assets knows, what a will and POA are, knows consequences of his decision in assigning people to those estate planning documents. Then next step is to take patient or parent to notary to get POA for thst Stste signed and add j to it thst it is effective immediately. These rules are based on CA definition of competence for “probable and escape planning reasons.” Each State has own Probate Code.
(0)
Report
Our will has one section devoted to the naming of our PoA. Also our naming of the executors.

In the section marked "PoA and Executor".

We did not have the person we chose as PoA sign anything, but we spoke with her and she said she'd handle things, if the situation arises. She knows where all out documentation is and I would THINK that if your dad's will is in as huge a binder as ours is--it would be difficult to lose.

In my experience, the PoA kind of just slides into existence. When the need arises, the document could be pulled out and copied, the original returned to the file and then the PoA has a copy.

Both my YB's were PoA's for mom. Other than the younger of the two really made a big deal out of it--but the older one kept him in check.

And, even though we have done this work to set things up--we may very well change our minds. I am already thinking about appointing our son-in-law as executor. Dynamics change within a family and sometimes the person you thought would be the best choice, no longer is the best choice.
Helpful Answer (2)
Report

Tell him you don’t have legal authority to help him with anything until you’re assigned by him in updated POA.

Tell him if he doesn’t do this, then the Govt will do it for him and charge his assets to take care of all his bills, care, everything in his life and where he lives. It’s true. He will become under the control of the Govt if you can’t find POA, which he probably through out, or he doesn’t sign new one with notary.

So get another POA immediately. Use online State Durable POA form. Make it effective immediately. Have him, and you sign it with his bank notary or other notary. Add other provisions to it if you want.
Helpful Answer (0)
Report

Maybe it is best if Govt does take over his life. It’s less work and stress for you if you can’t find that document. He may have his or destroyed it. Try in mattresses underneath. Men are great hiders. Try back of and under each drawer or under shelve liners.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter