Legal Question in Elder Law in Virginia

Can a daughter that is a notary be able to make their father Power of attorney over their grandmother's estate? Also if the Grandmother was not able to speak or sign any papers due to bad health and fingers not bendable. Also the Grandmother had two other living children at the time is this against the law?

Asked on 11/23/10, 2:56 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

No, only the grandmother can give her son (daughter's father) her valid Power

of Attorney and if she is no longer mentally competent to execute such a document, then her son will need to petition the local circuit court to be appointed either her conservator or guardian.

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Answered on 11/29/10, 8:52 pm

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