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OT legal opinion

Camgarrett

Well-Known Member
Gold Member
Feb 14, 2016
387
1,265
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For the lawyers on this forum like @techneek I just want your opinion. And I want to vent a little bit about the legal profession!

My mother is 80 years old and in assisted living, has been there 18 months now. We are finally getting around to selling her house (which she will never live in again) which will allow us to put enough cash in her bank account that she can live comfortably for the rest of her life. We have a contract on the house and close in 3 weeks. I have been managing all her financial affairs for almost 2 years now.

And that’s where the good news ends. The closing attorney is asking us to have their POA doc signed by mom and notarized. We already have a signed, witnessed, and notarized durable POA that we executed almost 2 years ago after mom ended up in the hospital. We knew she was going downhill so we had the POA done so we would have it when needed, and as it turns out we needed it sooner than we thought. The stupid closing attorney won’t take it, he wants his own document, even though I have used this POA for at least half a dozen major financial institutions with zero issues. Mother ****ing attorneys!

The issue of course is that mom is slipping into cognitive decline at this point, very similar to Biden. She has her good days, and her bad days. Some days she might say “sure, I’ll sign this new POA” and some days she might tell me to get the hell out of her room she’s not signing anything! So, if any of you can think of any legal argument or language I can use with the closing attorney to get him to accept the EXISTING LEGAL POA DOCUMENT we already have, please let me know.

Rant over.
 
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