POA for Alzheimer's patient

[ewrouse]

Texas

My mother died in Ky and she had an interest in real estate. My brother and myself are heirs to the property. We intend to give power of attorney transacting the sale to a 3rd party. The Ky attorney has drafted a POA requiring myself and my wife to sign; however, I currently have POA for my wife and she has alzheimer's. Do I have to have her signature notarized? The attorney has requested she sign it, but I don't know if a notary public will notarize her signature. Any assistance will be appreciated.What is the name of your state...TexasWhat is the name of your state (only U.S. law)?

 

[FlyingRon]

I'm not sure why he needs POA over your wife. The sum total I would think that would be necessary is that she quit claim any interest in the property to you. A notary isn't strictly required (though some places would be more inclined to accept a POA if it were notarized). However, what is disturbing is the implication that a notary wouldn't handle such a document. Is your wife incompetent to sign such an authorization?

 

[ewrouse]

Thanks for the reply. My wife cannot read nor write now, nor would she understand what she is signing. I just read that in Texas, a notary would not notarize her signature because of dementia. Again, I have durable POA for her

 

[FlyingRon]

Thanks for the reply. My wife cannot read nor write now, nor would she understand what she is signing. I just read that in Texas, a notary would not notarize her signature because of dementia. Again, I have durable POA for her

Then most likely you will have to sign whatever documents are required for your wife as her attorney in fact. You can't delegate POA and if she isn't competent to sign a new one, she can not.