Alternative on POA

[b5454]

What is the name of your state (only U.S. law)? OHIO

My mother signed a POA with a primary and an alternative. I am the alternative. My mother asked me to take care of some things in her absence (out of town for a while).

I have a copy of the POA with a stamp but the stamp does not have a seal on it, which is required to resolve my mother's request.

I asked the attorney for a copy of the POA with a 'seal' on it. I am being told that the primary has that, but does not want to give it up.

Couldn't the attorney (notary and witness) stamp another copy with the seal for my records? I am being told differently. My frustration is that I should have a copy with the proper markings if my name is on the POA.

The primarly listed on the POA doesn't want to fuss with my mother's request and has asked me to handle it. Yet, does not want to give me the original.

To me, this does not seem right.....fishy? Please help!

[Anly]

What's fishy is that you haven't bothered to contact your mother and get her to resolve this. Clearly this is her issue to correct. Is there a reason why you can't just ask her to contact the primary or her attorney and tell them to give you the document you need?

If she's out of town and she gave you no emergency contact, then this must not be an emergency or that pressing that it can't wait until she returns.

And, if it is an emergency and the primary is dropping the ball by not giving you the document you need, then maybe when your mother returns and she sees the mess that entailed because the primary refused to give you the tools you need to do whatever it is you have to do for her, then she will realize that she needs to make you the primary.

If I were you I wouldn't worry about it. How can you do something for your mother if she doesn't provide you with the tools you need to do it?

[b5454]

Thank you for your advise.

I was trying to keep it simple to avoid being too personal.

My primary question is why couldn't the attorney provide me with a copy of the POA WITH a seal on it? If my name is on it, wouldn't the attorney provide me with appropriate documents?

Note: my mother, trusting the primary, gave him the only copy of the POA (she does not have a copy).

The primary has been in contact with my mother and will not cooperate. Her requests have been ignored by the primary. She has written and signed a letter to be given to the primary and he still ignores her requests.

My mother may be abroad indefinately. My mother does not speak, read nor write clearly in English. The attorney that wrote up the POA has done business with the primary for many years.

I understand that my mother can request to have the primary revoked. The primary is a family member and she is trying not to cause hard feelings. Even though she has been in contact with the primary resulting in fighting via phone conversations (and the primary hanging up on her).

Basically, why wouldn't the attorney provide me with a POA that has a seal on it?

I am only trying to help my mother for her best interest.

[BlondiePB]

Mom's best interest is for her to obtain a different attorney with no affiliation to your squibbling to draft new documents and revoke the current POA.