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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33072
Experience:  16 yrs. of experience including family law.
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My husband has on file a DPOA. The DPOA names s three

Customer Question

My husband has on file a DPOA for healthcare. The DPOA names his three children as first DPOA and his sister as the next DPOA if the children are unable/unwilling to serve; this DPOA was drawn up in January 0f 2014. Two of the deputies named in the DPOA are the witnesses to my husband's signature. The notary used is a close friend of the family.
With all this being saud, are there grounds to challenge the validity of the DPOA?
Submitted: 9 months ago.
Category: Family Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The issue will be, was your spouse competent (able to understand what was going on around him) at the time he signed...do you know the answer to this question?

Customer: replied 9 months ago.
I can't say positively because I was not present. However, I believe he did not fully understand what he was signing at the time.
Expert:  P. Simmons replied 9 months ago.

Thank you

That is the way to proceed (if the goal is to void the POA), is to file suit to void the POA.

IF you can prove that he was not competent? The court will void the POA

But the fact the notary was a fried of the family....or that the alternate POA's signed is not legally relevant.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the fact the notary is family friend, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 9 months ago.

Follow up. I know you had the chance to review the answer. Please rate the answer so I may get credit for my work.
thank you
​phil

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